On July 9, 2024, Fred Wagner was quoted in Law360 on how environmental policymakers will be impacted by the U.S. Supreme Court decision to overturn the Chevron doctrine. According to the article, in the wake of the decision agencies will have to start writing their rules very clearly to make the rationale behind said policy apparent for judges.
Wagner echoed this sentiment, explaining that “agencies will need to adjust how they justify their decision making to match what's already required under the National Environmental Policy Act (NEPA).”
“The days of saying, 'Well, what we'll do is write these lengthy, technical documents, we'll make a record, and then we'll just dump them on the court's lap,' and the judge will look at that, and they'll say, 'That's enough, I'm convinced.' I think those days are done," Wagner added. He also shared that taking on a “universal approach that mirrors what is required under NEPA will provide judges with a more clear and understandable factual record when reviewing challenges to future rulemakings.”
Regardless of these challenges, Wagner shared that he does not expect the EPA or other federal agencies to back down on rules that have been challenged. “Rather, the agencies will continue to try and defend them as aggressively as they can,” Wagner said.
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