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House speaker vote update: Johnson wins showdown with GOP hard-liners; President Biden and the First Lady to travel to New Orleans on Monday; Hunger-fighting groups try to prevent cuts to CA food-bank funding; Mississippians urged to donate blood amid critical shortage; Rural telehealth sees more policy wins, but only short-term.

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Federal officials present more information about the New Orleans terrorist attack and the Las Vegas cybertruck explosion. Mike Johnson prepares for a House speakership battle, and Congress' latest budget stopgap leaves telehealth regulations relaxed.

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The humble peanut got its '15 minutes of fame' when Jimmy Carter was President, America's rural households are becoming more racially diverse but language barriers still exist, farmers brace for another trade war, and coal miners with black lung get federal help.

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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