Science and the Future of the Courts

The recent United States Supreme Court decision in Loper Bright Enterprises v. Raimondo has profound implications for the Earth and space sciences.

The 6-3 decision overturned the 1984 case of Chevron USA v. Natural Resources Defense Council, effectively ending a 40-year-old precedent of deferring to the expertise of U.S. federal agencies when interpreting ambiguous language in congressional legislation.

The so-called “Chevron deference” allowed agency scientists to use their knowledge of scientific discoveries and research to fill in the details so important to implementing policies.

We now find ourselves in a transformed arena of policy and advocacy where the judiciary can directly impact public health, public safety, transportation, climate, and the environment. Across the alphabet of regulations and oversight, from the EPA to the FDA, the justices have cleared the way for a new role for judges in determining the meaning of laws and provisions passed by Congress.

AGU, through our Science Policy and Government Relations outreach, has long recognized the importance of science in informing the policy process. Through programs like Voices for Science, Local Science Partners, and Congressional Visit Days, we provide AGU members the opportunity to connect, engage, and educate their elected officials.

Now, in the wake of the Loper Bright decision, our collective science community faces a potential new critical role to play — informing and educating the judiciary to help interpret crucial law and policy. Please keep this challenging set of issues on your radar, as AGU will as well. It promises to have an outsized impact on research, policy, and the overall intersections of science and society.

We look forward to exploring and growing this important new area of involvement for AGU members and partners. To that end, we will also be hosting a session at AGU24 this December on the role of science in a new era of external pressures, including the loss of Chevron deference. Watch for details coming soon from our program committee.

Janice R. Lachance, JD, FASAE
Interim Executive Director and CEO
AGU