Chevron Decision May Lead to Environmental Suits, Permit Delays

Environment attorney Rafe Petersen spoke with Construction Dive about the potential impacts of the U.S. Supreme Court's Loper Bright decision on environmental regulations and the construction industry. The article discussed how the ruling, which overturned the Chevron deference doctrine, may lead to increased litigation and challenges to existing environmental laws. Mr. Petersen highlighted that regulations based on modern environmental concepts might be particularly vulnerable to legal challenges.

"The Clean Air Act and the Clean Water Act and all these laws, a lot of these were written in the '70s. Well, nobody contemplated, much less put into the law, things such as, 'How do you address climate change and how do you address environmental justice?'" he said.

READ: Chevron Decision May Lead to Environmental Suits, Permit Delays

Holland & Knight announced the formation of its Chevron Deference Working Team in advance of the U.S. Supreme Court's June 28, 2024, Loper decision, which overturned the Chevron deference doctrine and will lead to a period of regulatory changes and potential legal challenges for some time.