The Supreme Court is expected to rule any day now on two cases that could allow judges to more easily overrule federal agencies, which could have big implications for environmental, consumer and public health protections.

The two cases -- Loper Bright Enterprises v. Raimondo and Relentless Inc. v. the Department of Commerce -- aim to overturn the 1984 Chevron deference doctrine that said when ambiguous statutes are being challenged in court, judges must defer to the reasonable interpretation of agency experts.

"It would give judges a lot more power to write very impactful regulatory provisions where those judges really don't have a lot of expertise," said Jim Murphy, the National Wildlife Federation's director of legal advocacy.

Opponents of the Chevron deference doctrine have said it gives too much power to the executive branch. The cases stem from a dispute where fishing crews are challenging requirements that they pay to have a monitor onboard to guard against overfishing and bycatch of endangered species.

If the Supreme Court invalidates the Chevron deference doctrine, Murphy said, it would undermine the work of dozens of agencies including the Environmental Protection Agency, the Food and Drug Administration, the Federal Trade Commission and the Federal Communications Commission.

"The people who are charged with protecting our public health and protecting our natural resources are not going to have the tools they need," he said, "and it's going to result in people getting sick, people dying, places getting polluted. It's going to have real impact for a very long time."

The Supreme Court generally releases its decisions in mid-June before going into recess for the summer.

Two new studies find that without sustained intervention, California may permanently lose big sections of old-growth giant sequoia groves.

The majestic trees only grow on the western slope of the Sierra Nevada. Since 2015, 20% of them have died, mostly in three megafires in 2020 and 2021.

David Soderberg, Ph.D, a biologist with the U.S. Geological Survey and a study co-author, said the blazes incinerated many of the older, seed-bearing trees.

"You're getting much larger patches of fires burning at what's called high severity. So, you have this kind of bad combination for the sequoias where many more of the mature trees are dying, and there are many fewer of the seedlings regenerating," he explained.

The studies show there are substantially fewer seedlings than in the past, and those that germinate are imperiled by drought and heat stress linked to climate change. The Giant Sequoia Lands Coalition partners have planted more than 500,000 native seedlings in severely burned areas where reproduction has been insufficient.

Paul Ringgold, chief program officer with the Save the Redwoods League, said the idea is to give forest regeneration a head start.

"When you're planting seedlings, you're planting trees that have been grown in the nursery for two years or more. They're more robust than a seedling that is sprouting from a seed, giving it a little bit of an edge against the impact of drier, hotter summers," he said.

Old-growth sequoia are the world's largest trees and depend on fire to reproduce. But Ringgold noted that past fire-suppression efforts have led to a buildup of excessive fuel loads in the forests. So, extensive projects are underway to clear out dead vegetation and make the groves more resilient to fire.

Nearly 10,000 Montanans have petitioned the U.S. Forest Service to prevent mining activity in the iconic Smith River watershed.

The Smith is known for its majestic views and numerous wildlife species but it is also a huge draw for outdoor enthusiasts seeking to "disconnect." The Smith River Public Lands Coalition has called on the Forest Service to withdraw mineral leases granted to a company planning a $4 billion copper mine on private land near Sheep Creek, which feeds the Smith more than half of its water.

Josh Seckinger, a Bozeman-based Smith River guide, estimated he has floated the 5-day, 59-mile-long Smith 100 times. He thinks the copper sulfide mine drainage would be devastating.

"It just decimates anything with gills downstream," Seckinger pointed out. "That's fish, that's amphibians, that's aquatic bug life. It's a terrible way to sterilize a river."

Mine developer Black Butte Copper said it is committed to preserving Montana's water while creating economic development opportunities in the state, and claims it can build the mine in an environmentally friendly way.

Seckinger noted beyond the environmental and wildlife damage the mine drainage could cause, it also threatens the local landscape and the recreational economy built around the Smith River. He argued it is not just a hit to the businesses but to Montanans who want to experience the trip. It requires winning a permit in a state lottery.

"It is my hope that every resident of this state puts in for a lottery permit and wins, so they get the chance to experience this place," Seckinger emphasized. "Because once you experience this place, you understand immediately why it needs to be protected."

Black Butte Copper has bought nearly 700 claims on the public lands surrounding the one near Sheep Creek, potentially allowing the company to further expand its mining operations.


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A Michigan environmental group is addressing an appeal challenging the state's decision to approve the enclosure of the Enbridge Line 5 pipeline.

Built in 1953, this pipeline transports up to 540,000 barrels of petroleum daily through the Great Lakes.

Enbridge aims to build a protective tunnel around a four mile segment at the Straits of Mackinac, which connects Lake Michigan and Lake Huron.

Environmental groups and tribal leaders want the state to reverse Enbridge's permit, citing concerns about a potential catastrophic oil spill.

The nonprofit group Oil & Water Don't Mix is dedicated to preventing oil spills and promoting clean energy - and they support the appeal.

David Holtz, an international coordinator with the group, discussed the next steps.

"And the next big hurdle that the tunnel will have will be during the federal permitting process," said Holtz, "so we're going to be focusing on that in the coming days."

Enbridge spokesperson Ryan Duffy said in an email statement that Line 5's safety is exclusively regulated by the Pipeline and Hazardous Materials Safety Administration.

Enbridge maintains that it also conducts internal inspections via an MRI-like tool known as a "pig" that travels the line, recording data on the pipe's thickness and looking for cracks, dents or signs of corrosion.

Holtz said his organization will continue its efforts to make the public and the federal government aware of what needs to be done regarding Line 5.

"The need for the Biden administration," said Holtz, "to take a stand in support of its own climate policy by rejecting the tunnel."

Holtz added that the permitting process, known as the Environmental Impact Study, will be open for public comment - and is set for early next year.