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House Democrats plot to bypass Johnson on shutdown deal; Driven by financial incentives, Kentucky ICE arrests ramp up; IN mental health patients at risk of losing Medicaid; On 'America Recycles Day' turning in leftover paint is easy; Last chance to comment on WA's State Wildlife Action Plan.

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New Epstein documents put heat on Trump, as House Democrats try to force a vote on health insurance tax credits and federal incentives mean more local police are enforcing immigration, despite wrongful ICE arrests in Illinois.

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A voting shift by Virginia's rural Republicans helped Democrats win the November governor's race; Louisiana is adopting new projects to help rural residents adapt to climate change and as Thanksgiving approaches, Indiana is responding to more bird flu.

Supreme Court decision could impact wildlife and public lands

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Tuesday, September 3, 2024   

A recent U.S. Supreme Court decision could affect public lands and wildlife in places like Wyoming.

In June, the nation's highest court overturned a nearly 40-year-old practice known as Chevron deference, which said when it comes to interpreting a vague law, courts should defer to agency expertise instead of interpreting the law themselves.

The practice has given agencies like the U.S. Fish and Wildlife Service, which oversees endangered species, the Forest Service and the Bureau of Land Management flexibility in making decisions on how a vague law plays out. The new decision tilts the scales, giving courts the final say on ambiguous statutes.

Sam Kalen, professor of law at the University of Wyoming, said the decision is far-reaching.

"That means there's going to be more power, more ability of a court to potentially do something that is, you know, against the entire purpose, if you will, even of the Endangered Species Act," Kalen explained.

In the court's majority opinion, Chief Justice John Roberts wrote Chevron kept judges from judging. In dissent, Justice Elena Kagan said it supported "regulatory efforts of all kinds," including those keeping "air and water clean, food and drugs safe, and financial markets honest."

Over the span of four decades, 70 U.S. Supreme Court decisions and 17,000 lower court decisions have invoked Chevron. Kalen noted the new decision could upset old ones.

"What we have seen in the last, I would say, couple of months is a lot of instances where parties are trying to now reargue issues where Chevron was used as a framework in the past," Kalen observed. "To me, that could be significant."

He added it is too soon to tell if revisiting old court decisions will become a trend.


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