EPA bad!
-- Republicans probably
this post was submitted on 10 Apr 2024
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Oh definitely.
I heard this on Fox News yesterday. They went with the "it's going to increase costs for small towns" angle.
Has SCOTUS struck down Chevron yet like I'm thinking they probably will?
Enjoy having your blood be 50% PFAS.
No, the case is still pending: https://www.oyez.org/cases/2023/22-451
Thanks. I didn't think they had, but I still think they will.
FWIW the most recent analysis I came across from a law professor makes me think the emergence of the "major questions doctrine" is more concerning:
In Loper Bright Enterprises v. Raimondo, the US Supreme Court will decide whether to overrule one of its most frequently cited precedents—its 1984 opinion in Chevron v. NRDC. The decision in Loper may change the language that lawyers use in briefs and professors use in class, but is unlikely to significantly affect case outcomes involving interpretation of the statutes that agencies administer. In practice, it’s the court’s new major questions doctrine announced in 2021 that could fundamentally change how agencies operate.
…
I am much more concerned about the court’s 2021 decision to create the “major questions doctrine” and to apply it in four other cases than I am about the effects of a potential reversal of Chevron in Loper. Lower courts are beginning to rely on the major questions doctrine as the basis to overturn scores of agency decisions. That doctrine has potential to make it impossible for any agency to take any significant action.
The major questions doctrine is a principle of statutory interpretation applied in United States administrative law cases which states that courts will presume that Congress does not delegate to executive agencies issues of major political or economic significance.
(2000): "[W]e must be guided to a degree by common sense as to the manner in which Congress is likely to delegate a policy decision of such economic and political magnitude to an administrative agency."
There are at least two versions of the doctrine,[2] a narrow version (a limitation on Chevron deference) and a broad version (a clear statement rule). Under the narrow version, the doctrine serves only to say that, when an agency asserts that it has authority to decide major questions, courts should independently determine whether the agency's interpretation of its statutory authority is the most reasonable reading of the statute. Under the broad version, the doctrine says that courts must not interpret statutes as delegating major questions to agencies unless Congress clearly said so.
The EPA is actually a little bit ahead of the EU here.
The EU has had limits on PFAS in food since the start of 2023, and limits on PFAS in drinking water are coming into force in 2026, though I know Sweden has already put a limit in place. There is also a proposed bill to ban the manufacture and use of PFAS altogether in the EU.
There are also in the process of banning them in France. The link also says Denmark was the first country to ban them in 2020. https://www.euronews.com/green/2024/04/05/france-moves-to-ban-forever-chemicals-in-products-but-lobbyists-fight-to-keep-nonstick-pan
On a few forever chemicals out of the thousands.