Great article! The issue with hog waste has been largely ignored at the expense of all citizens of North Carolina. It amazes me that corporations get away with such blatant polluting.
Would love to hear your opinion on how the recent Supreme Court's overturning of the Chevron deference in the Loper Bright case might affect the EPA's ability to enforce existing regulations and statutes that protect clean air and water.
These industries tend to go where the political resistance is the least and that is with vulnerable populations like the Native American population of North Carolina. Their lack of federal recognition gives them even less protection against this predatory practice.
Thanks for your comments!
The vacating of the Chevron doctrine probably will not make a lot of difference. The court can already find that the statute is not ambiguous and not apply the doctrine, which they have done frequently. I think there is a misunderstanding that courts were bound by this doctrine and it is just not the case. But by vacating it, it eliminated all doubt. The court cited Marbury v. Madison which is the foundation case that said the US Supreme Court will say what the law is, so they went back to their original authority for this opinion. Two of the newer justices Kavanaugh and Barrett have both said they do not believe the court should be bound by canons of construction in Federal Indian Law, so that is the same kind of trend toward interpreting the law with no guardrails so to speak.
Great article! The issue with hog waste has been largely ignored at the expense of all citizens of North Carolina. It amazes me that corporations get away with such blatant polluting.
Would love to hear your opinion on how the recent Supreme Court's overturning of the Chevron deference in the Loper Bright case might affect the EPA's ability to enforce existing regulations and statutes that protect clean air and water.
These industries tend to go where the political resistance is the least and that is with vulnerable populations like the Native American population of North Carolina. Their lack of federal recognition gives them even less protection against this predatory practice.
Thanks for your comments!
The vacating of the Chevron doctrine probably will not make a lot of difference. The court can already find that the statute is not ambiguous and not apply the doctrine, which they have done frequently. I think there is a misunderstanding that courts were bound by this doctrine and it is just not the case. But by vacating it, it eliminated all doubt. The court cited Marbury v. Madison which is the foundation case that said the US Supreme Court will say what the law is, so they went back to their original authority for this opinion. Two of the newer justices Kavanaugh and Barrett have both said they do not believe the court should be bound by canons of construction in Federal Indian Law, so that is the same kind of trend toward interpreting the law with no guardrails so to speak.