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“The only common thread is the seeming desire of the court to aggrandize the power of the courts.”

The word “consequential” barely touches the importance of the Supreme Court’s decisions this term, as two cases — Loper Bright Enterprises v. Raimondo and Corner Post, Inc. v. Board of Governors — took a wrecking ball to the stability of the administrative state. Courts will no longer give deference to regulators to interpret statute and will permit new challenges against existing rules. Essentially, depending on whom you ask, anything goes.
So naturally, we had to ask. While the legal universe is still digesting these rulings, climate and environmental law experts had plenty of opinions about them, as lawyers tend to do. Here’s what we heard:
The Supreme Court has been on a campaign to weaken environmental regulation. In 2016, it halted implementation of President Obama’s Clean Power Plan without explanation. In 2022, it issued the devastating opinion in West Virginia v. Environmental Protection Agency, finding that the EPA couldn’t go very far in using the Clean Air Act to fight climate change because the statute isn’t specific enough. In 2023, the court in Sackett v. EPA greatly reduced the coverage of the Clean Water Act.
That campaign intensified this year. On June 27, 2024, in Ohio v. EPA, it struck down a life-saving Clean Air Act rule based on exceedingly narrow technical grounds that Justice Amy Coney Barrett, in her dissent, found were completely off base. The same day, in SEC v. Jarkesy, the Court said that agencies could not use long-established administrative processes to impose certain kinds of penalties. On June 28, the court reversed the Chevron doctrine in Loper Bright Enterprises v. Raimondo. On July 1, in Corner Post, Inc. v. Board of Governors, it said that corporate defendants can challenge federal regulations long past the usual statute of limitations. And this campaign may continue: on June 24 the Supreme Court agreed to hear Seven County Infrastructure Coalition v. Eagle County, which may shrink the coverage of the National Environmental Policy Act.
The next election will determine whether the 6-3 conservative majority may be enlarged and rejuvenated to last another generation, or — depending on the fates — may shrink or be reversed.
For good reason, the last day of the Supreme Court’s term will be known for its decision giving presidents incredibly broad immunity from criminal prosecution. But another decision that will play a major role in restricting the ability of the executive branch to protect the environment should not be neglected. Corner Post effectively eliminated what had been a six-year statute of limitations for challenging federal regulations. The impact of Corner Post will amplify the effect of last week’s opinion overturning the Chevron decision, which had held that the judiciary should defer to reasonable legal interpretations made by the executive branch.
The Court announcing that it will take a much more aggressive role in replacing the judgment of regulatory experts in the executive branch with their own judgments will have particularly dire consequences for environmental regulations. What they see as “excessive” environmental regulation is one of the central reasons why conservative legal activists wanted the Chevron doctrine overruled. It’s not a coincidence that last week, the court also prevented a federal regulation of air pollutants from going into effect, one of a long series of Roberts court rulings undermining environmental regulation. And in a darkly comic illustration of what a bad idea it is to replace the judgment of EPA experts with that of arrogant, power-hungry judges, in his opinion for the court, Justice Gorsuch confused “nitrous oxide” (commonly known as “laughing gas”) and “nitrogen oxides” (the pollutant the EPA sought to regulate.)
People who want to stop environmental regulation will not be laughing when considering the effects of this Supreme Court term. Conservative lawyers will aggressively forum-shop for judges hostile to environmental regulations to bring challenges even to long-settled rules, and the authority of the EPA will be under constant threat as the planet continues to warm.
The combined effect of the Corner Post and Loper decisions may not be immediate, but they will be profound. They will make it harder for agencies to do their work, and easier for challengers (especially very well-funded challengers) to attack and delay actions.
The two opinions are hard to reconcile. In Loper, the opinion cites Chevron as "fostering unwarranted instability" in the law, but in Corner Post, the court has added extreme instability by leaving open-ended the question of when a regulation is ever settled. The only common thread is the seeming desire of the court to aggrandize the power of the courts.
Specific to climate, notwithstanding the statement in the opinion that Loper does not reopen prior holdings that used the Chevron framework, it is hard to imagine that such challenges will not be forthcoming. In particular, opponents of the finding in Massachusetts v. EPA may see Loper and Corner Post as an opportunity to reopen that 2007 case, especially as the court seems quite ready and willing to overturn past precedents.
Finally, we have examples of how pre- Chevron litigation worked under the Clean Air Act — and these examples should give as much pause to conservatives as to progressives. Courts are not likely to function well as regulatory agencies. The original Chevron decision was favored by conservatives at the time; post-Chevron, conservatives may regret that they got what they asked for.
The Supreme Court’s rulings this session jeopardize critical environmental protections and climate progress and are likely to wreak chaos across the regulatory landscape. In Corner Post the Supreme Court upended the statute of limitations for challenging many government regulations, opening the door to hundreds of new corporate challenges to long-established protections we all take for granted. And in Loper Bright, the court displaced the long-standing Chevron doctrine by shifting power to judges and sidelining the expertise of agency staff who live and breathe the science and safety concerns that federal agencies specialize in.
In combination, the cases tip the balance of power away from everyday Americans that depend on commonsense protections to industry groups that believe they will financially benefit without any limitations in place. We’re ready to fight back to make sure this conservative supermajority doesn't leave us with a patchwork of inconsistent rulings and an annihilation of the regulatory structure and critical protections that keep us safe and healthy.
The Supreme Court's decisions, in combination, make it clear that the Court intends to insert itself as, in Justice Kagan's words, the country's “administrative czar.” Those decisions give courts control over a wide array of scientific, technical, and policy choices necessary to effectively implement our laws protecting clean air, clean water, and affordable and reliable energy (and much more). That is likely to prove corrosive to climate policy; judges lack the accountability, expertise, and experience of agencies like the EPA or the Department of Energy.
But the primary drivers of decarbonization — economics and public investments to accelerate the clean energy transition, like the Inflation Reduction Act — remain relatively insulated from judicial interference. So while the court's decisions make the likely pathway to decarbonization less steady, science-driven, and predictable, it should not derail our ongoing progress towards achieving our climate goals over the long term.
Undoubtedly, the Supreme Court’s decisions in Corner Post and Loper Bright will make it easier for plaintiffs to prevail in legal challenges to environmental regulations. But we should be careful to keep things in perspective. The end of Chevron deference means that agency interpretations of statutes will get more judicial scrutiny than they did before, but even under Chevron deference it was limited by such things as the major questions doctrine. Agency interpretations are still likely to prevail in many cases. Similarly, while the changes to when the statute of limitations begins to run will allow additional challenges to be brought, a regulation that has already survived earlier legal challenges is likely to be upheld again if challenged by a new plaintiff later on. Agencies like EPA or the Federal Energy Regulatory Commission do not need to be insulated from judicial review in order to be able to function. If they do, that suggests a deeper problem with the administrative state.
In its regulatory jurisprudence this term, the Supreme Court has fundamentally changed the playing field for environmental regulation, making it much more difficult for agencies to use the flexibility that Congress has attempted to provide to protect the environment. This is likely to be felt especially where agencies are trying to tackle new problems using older statutes. The ball is now in Congress's court to protect the American people by regularly improving the nation's environmental laws, ensuring that federal regulatory programs that prevent pollution and preserve our country's natural resources for future generations are not lost forever over legal technicalities.
Taken together, Corner Post and Loper Bright fire the starting gun for an onslaught of lawsuits challenging long-settled regulatory programs. (They also sound the dinner bell for amoral corporate law firms.)
Judicial conservatives have long proclaimed the need for judicial minimalism and caution. Judges, they say, are not elected, and have no business making policy from the bench. They should decide individual cases and focus on the facts in front of them to avoid ripple effects that they can’t foresee and can’t easily fix.
This conservative supermajority is instead heedlessly pursuing a political agenda. By rewriting settled precedents to pursue a holy war against federal regulations, the court is truly legislating from the bench. And in justifying all this by citing idiosyncratic views of the separation of powers, the court is practically holding a new constitutional convention behind closed doors.
The Supreme Court has made it clear that legal precedents and the plain language of statutes will not slow their crusade to destroy the modern regulatory state at the behest of their wealthy benefactors. Justice Ketanji Brown Jackson got it right in her dissent in Corner Post: “At the end of a momentous Term, this much is clear: The tsunami of lawsuits against agencies that the Court's holdings in this case and Loper Bright have authorized has the potential to devastate the functioning of the Federal Government.”
This tsunami of lawsuits will result in less consistent statutory interpretations based on individual courts' views on government regulation generally and on the matter at hand. The court's power grab lays bare the importance of civil society and elected officials finding ways to rebalance the relationships between the three branches of government and supporting the ability of federal agencies to implement federal laws effectively.
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The Trump administration’s rollback of coal plant emissions standards means that mercury is on the menu again.
It started with the cats. In the seaside town of Minamata, on the west coast of the most southerly of Japan’s main islands, Kyushu, the cats seemed to have gone mad — convulsing, twirling, drooling, and even jumping into the ocean in what looked like suicides. Locals started referring to “dancing cat fever.” Then the symptoms began to appear in their newborns and children.
Now, nearly 70 years later, Minimata is a cautionary tale of industrial greed and its consequences. Dancing cat fever and “Minamata disease” were both the outward effects of severe mercury poisoning, caused by a local chemical company dumping methylmercury waste into the local bay. Between the first recognized case in 1956 and 2001, more than 2,200 people were recognized as victims of the pollution, which entered the population through their seafood-heavy diets. Mercury is a bioaccumulator, meaning it builds up in the tissues of organisms as it moves up the food chain from contaminated water to shellfish to small fish to apex predators: Tuna. Cats. People.
In 2013, 140 countries, including the U.S., joined the Minamata Convention, pledging to learn from the mistakes of the past and to control the release of mercury into the environment. That included, explicitly, mercury in emissions from “coal-fired power plants.” Last month, however, the U.S. Environmental Protection Agency retreated from the convention by abandoning the 2024 Mercury and Air Toxics Standards, which had reduced allowable mercury pollution from coal-fired plants by as much as 90%. Nearly all of the 219 operating coal-fired plants in the U.S. already meet the previous, looser standard, set in 2012; Trump’s EPA has argued that returning to the older rules will save Americans $670 million in regulatory compliance costs by 2037.
The rollback — while not a surprise from an administration that has long fetishized coal — came as a source of immense frustration to scientists, biologists, and activists who’ve dedicated their careers to highlighting the dangers of environmental contaminants. Nearly all human exposure to methylmercury in the United States comes from eating seafood, according to the EPA, and it’s well-documented that adding more mercury to the atmosphere will increase levels in fish, even those caught far from fenceline communities.
“Mercury is an extremely toxic metal,” Nicholas Fisher, an expert in marine pollution at Stony Brook University, told me. “It’s probably among the most toxic of all the metals, and it’s been known for centuries.” In his opinion, it’s unthinkable that there is still any question of mercury regulations making Americans safer.
Gabriel Filippelli, the executive director of the Indiana University Environmental Resilience Institute, concurred. “Mercury is not a trivial pollutant,” he told me. “Elevated mercury levels cost millions of IQ points across the country.” The EPA rollback “actually costs people brain power.”
When coal burns in a power plant, it releases mercury into the air, where it can travel great distances and eventually end up in the water. “There is no such thing as a local mercury problem,” Filippelli said. He recalled a 2011 study that looked at Indianapolis Power & Light, a former coal plant that has since transitioned to natural gas, in which his team found “a huge plume of mercury in solids downwind” of the plant, as well as in nearby rivers that were “transporting it tens of kilometers away into places where people fish and eat what they catch.”
Earthworms and small aquatic organisms convert mercury in soils and runoff into methylmercury, a highly toxic form that presents the most danger to people, children, and the fetuses of pregnant women as it moves up the food chain. Though about 70% of mercury deposited in the United States comes from outside the country — China, for example, is the second-greatest source of mercury in the Great Lakes Basin after the U.S., per the National Oceanic and Atmospheric Administration — that still leaves a significant chunk of pollution under the EPA’s control.
There is, in theory, another line of defense beyond the EPA. For recreational fishers, of whom there are nearly 60 million in the country each year, state-level advisories on which waterways are safe to fish in based on tests of methylmercury concentrations in the fish help guide decisions about what is safe to eat. Oregon, for example, advises that people not eat more than one “resident fish,” such as bass, walleye, and carp, caught from the Columbia River per week — and not eat any other seafood during that time, either. Forty-nine states have some such advisories in place; the only state that doesn’t, coal-friendly Wyoming, has refused to test its fish. One also imagines that safe waterways will start to become more limited if the coal-powered plants the Trump administration is propping up forgo the expensive equipment necessary to scrub their emissions of heavy metals.
“It’s not something where you’re going to see a dramatic change overnight,” Tasha Stoiber, a senior scientist with the Environmental Working Group, a research and advocacy nonprofit that focuses on toxic chemicals, told me. “But depending on the water body that you’re fishing in, you want to seek out state advisories.”
For people who prefer to buy their fish at the store, the Food and Drug Administration sets limits on the amount of mercury allowed in commercial seafood. But Kevin McCay, the chief operations officer at the seafood company Safe Catch, told me the FDA’s limit of 1 part per million for methylmercury is outrageously high compared with limits in the European Union and Japan. “It has to be glowing red before the FDA is actually going to do anything,” he said. (Watchdog groups have likewise warned that the hemorrhaging of civil servants from the FDA will have downstream consequences for food safety.)
McCay also told me that he “certainly” expects mercury levels in the fish to rise due to the EPA’s decision. Unlike other canned tuna companies that test batches of fish, Safe Catch drills a small test hole in every fish it buys to ensure the mercury content is well below the FDA’s limits. (Fish that are lower on the food chain, like salmon, are the safest choices, while fish at the top of the food chain, like tuna, sharks, and swordfish, are the worst.)
The obsessive oversight gives the company a front-seat view of where and how methylmercury is working its way up the food chain, and McCay worries his company could face more limited sourcing options in the coming years if policies remain friendly to coal. (An independent investigation by Consumer Reports in 2023 found that even fish sourced by an ultra-cautious company like Safe Catch contain some level of mercury. “There’s probably no actual safe amount,” McCay told me, recommending that customers should eat a diverse range of seafood to limit exposure.)
Even people who don’t eat fish should be concerned, though. That’s because, as Filippelli told me, “a lot of [contaminated] fish meal is being incorporated into pet food.”
There are no regulatory standards for mercury in pet foods. But avoiding mercury is not as simple as bypassing the tuna-flavored kibble, Sarrah M. Dunham-Cheatham, who authored a 2019 study on mercury in pet food, told me. Even many brands that don’t list fish among their ingredients contain fish meal that is high in mercury, she said.
Different species also have different sensitivities to mercury, with chimpanzees and cats being among the most sensitive. “I don’t want to be alarmist or scare people,” Dunham-Cheatham said. But because of the issues with labeling pet food, there isn’t much to be done to limit mercury intake in your pets — that is, short of dealing with the emissions on local and planetary scales. “We’re expecting there to be more emissions to the atmosphere, more deposition to aquatic environments, and therefore more mercury accumulated into proteins that will go into making the pet foods,” she said.
To Fisher, the Stony Brook professor, the Trump administration’s decision to walk back mercury restrictions makes no sense at all. The Ancient Romans understood the dangers of mercury; the dancing cats of Minamata are now seven decades behind us. “Why should we make the underlying assumption that the mercury is innocent until proven guilty?” he said.
On Qatari aluminum, floating offshore wind, and Taiwanese nuclear
Current conditions: Upstate New York and New England are facing another 2 inches of snow • A heat wave in India is sending temperatures in Gujarat beyond 100 degrees Fahrenheit • Record-breaking rain is causing flash flooding in South Australia, New South Wales, and Victoria.
The war with Iran is shocking oil and natural gas prices as the Strait of Hormuz effectively closes and Americans start paying more at the pump. “So despite the stock market overall being down, clean energy companies’ shares are soaring, right?” Heatmap’s Matthew Zeitlin wrote yesterday. “Wrong. First Solar: down over 1% on the day. Enphase: down over 3%. Sunrun: down almost 8%; Tesla: down around 2.5%.” What’s behind the slump? Matthew identified three reasons. First, there was a general selloff in the market. Second, supply chain disruptions could lead to inflation, which might lead to higher interest rates, or at the very least slow the planned cycle of cuts. Third, governments may end up trying “to mitigate spiking fuel prices by subsidizing fossil fuels and locking in supply contracts to reinforce their countries’ energy supplies,” meaning renewables “may thereby lose out on investment that might more logically flow their way.”
The U.S. liquified natural gas industry is certainly looking at boom times. U.S. developers signed sale and purchase agreements for 40 million tons per year in 2025 from planned export facilities, according to new Department of Energy data the Energy Information Administration posted. That’s the highest volume since 2022, when Russia’s invasion of Ukraine sent demand for American LNG soaring. That conflict, too, is still having its effects on global fossil fuel supplies. A Russian-flagged LNG tanker is on fire in the Mediterranean Sea as the result of a drone strike by Ukraine, The Independent reported Wednesday.
It’s not just fossil fuels. Qatari smelter Qatalum started shutting down on Tuesday as 50% shareholder Norsk Hydro issued a force majeure notice to customers. “The decision to shut down was made after the company’s gas supplier informed it of a forthcoming suspension of its gas supply,” the company said in a statement to Mining.com. QatarEnergy — which owns 51% of Qatalum’s other shareholder, Qatar Aluminum Manufacturing Co. — had previously suspended production after halting output of natural gas due to Iranian drone attacks.
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Panel manufacturer Silfab Solar paused production at its South Carolina factory in Fort Mill after a chemical spill triggered a regulatory investigation. The plant accidentally spilled approximately 300 gallons of a water solution containing less than 0.3% potassium hydroxide. Experts told WCNC, the Charlotte-area NBC News affiliate, that the volume of the caustic chemical that spilled will be harmless. But the state Department of Environmental Services “asked Silfab to cease receipt of additional chemicals at their facility until an investigation is complete.” Such accidents risk political backlash at a time of heightened public health anxiety over clean energy technologies. As Heatmap’s Jael Holzman wrote last summer, the Moss Landing battery factory fire sparked a nationwide backlash.
Two-thirds of offshore wind potential is located at sites where the water is too deep for traditional turbine platforms. But the first wind farm with floating platforms only came into operation nine years ago. The largest so far, located in Norway’s stretch of the North Sea, is just under 100 megawatts. So, if completed, Spanish developer Ocean Winds’ in the United Kingdom would be by far the largest plant. The company took a step forward on the 1.5-gigawatt project when the company signed the lease agreement this week, according to OffshoreWIND.biz.
In Denmark, meanwhile, right-wing politicians are campaigning against the country’s offshore wind giant, Orsted. The country’s conservative Liberal party campaigned on divesting from the company, which claims the Danish government as its largest shareholder, back in 2022. Now, Bloomberg reported, the party is once against renewing its calls to exit Orsted after this year’s election.

Facing surging electricity demand and mounting threats of blackouts from Chinese attacks on energy imports, Taiwan is taking yet another step toward reversing its nuclear phaseout. Nearly a year after the island nation’s last reactor shut down, Taiwanese Premier Cho Jung-tai, a member of the ruling Democratic Progressive Party that has long opposed atomic energy, announced new proposals to allow the state-owned Taiwan Power Company to submit plans to restart at least two of the country’s three shuttered nuclear stations. (A fourth plant, called Lungmen, was nearly completed in the late 2010s before the DPP government canceled its construction.) The government report also said Taiwan may consider building new nuclear technologies, such as small modular reactors or fusion plants.
In June 2023, thousands of lightning strikes in heat wave-baked Quebec sparked more than 120 wildfires that ultimately scorched nearly 7,000 acres of parched forests. Lightning, in fact, starts almost 60% of wildfires. Now a Vancouver-based weather modification startup called Skyward Wildfire says it can prevent catastrophic blazes by stopping lightning strikes through cloud seeding. MIT Technology Review found some good reasons to doubt the company’s claims. But experts said preventing wildfires is cheaper than putting them out, so it may have some merit.
The attacks on Iran have not redounded to renewables’ benefit. Here are three reasons why.
The fragility of the global fossil fuel complex has been put on full display. The Strait of Hormuz has been effectively closed, causing a shock to oil and natural gas prices, putting fuel supplies from Incheon to Karachi at risk. American drivers are already paying more at the pump, despite the United States’s much-vaunted energy independence. Never has the case for a transition to renewable energy been more urgent, clear, and necessary.
So despite the stock market overall being down, clean energy companies’ shares are soaring, right?
Wrong.
First Solar: down over 1% on the day. Enphase: down over 3%. Sunrun: down almost 8%; Tesla: down around 2.5%.
Why the slump? There are a few big reasons:
Several analysts described the market action today as “risk-off,” where traders sell almost anything to raise cash. Even safe haven assets like U.S. Treasuries sold off earlier today while the U.S. dollar strengthened.
“A lot of things that worked well recently, they’re taking a big beating,” Gautam Jain, a senior research scholar at the Columbia University Center on Global Energy Policy, told me. “It’s mostly risk aversion.”
Several trackers of clean energy stocks, including the S&P Global Clean Energy Transition Index (down 3% today) or the iShares Global Clean Energy ETF (down over 3%) have actually outperformed the broader market so far this year, making them potentially attractive to sell off for cash.
And some clean energy stocks are just volatile and tend to magnify broader market movements. The iShares Global Clean Energy ETF has a beta — a measure of how a stock’s movements compare with the overall market — higher than 1, which means it has tended to move more than the market up or down.
Then there’s the actual news. After President Trump announced Tuesday afternoon that the United States Development Finance Corporation would be insuring maritime trade “for a very reasonable price,” and that “if necessary” the U.S. would escort ships through the Strait of Hormuz, the overall market picked up slightly and oil prices dropped.
It’s often said that what makes renewables so special is that they don’t rely on fuel. The sun or the wind can’t be trapped in a Middle Eastern strait because insurers refuse to cover the boats it arrives on.
But what renewables do need is cash. The overwhelming share of the lifetime expense of a renewable project is upfront capital expenditure, not ongoing operational expenditures like fuel. This makes renewables very sensitive to interest rates because they rely on borrowed money to get built. If snarled supply chains translate to higher inflation, that could send interest rates higher, or at the very least delay expected interest rate cuts from central banks.
Sustained inflation due to high energy prices “likely pushes interest rate cuts out,” Jain told me, which means higher costs for renewables projects.
While in the long run it may make sense to respond to an oil or natural gas supply shock by diversifying your energy supply into renewables, political leaders often opt to try to maintain stability, even if it’s very expensive.
“The moment you start thinking about energy security, renewables jump up as a priority,” Jain said. “Most countries realize how important it is to be independent of the global supply chain. In the long term it works in favor of renewables. The problem is the short term.”
In the short term, governments often try to mitigate spiking fuel prices by subsidizing fossil fuels and locking in supply contracts to reinforce their countries’ energy supplies. Renewables may thereby lose out on investment that might more logically flow their way.
The other issue is that the same fractured supply chain that drives up oil and gas prices also affects renewables, which are still often dependent on imports for components. “Freight costs go up,” Jain said. “That impacts clean energy industry more.”
As for the Strait of Hormuz, Trump said the Navy would start escorting ships “as soon as possible.”