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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With manatee season in full swing, Florida's gentle marine mammals gather in warm waters to escape winter's chill. But these iconic creatures face growing challenges from habitat loss, water pollution and boating collisions.

A new proposal from the U.S. Fish and Wildlife Service aims to address these threats by revising critical habitat protections for the first time in nearly 50 years.

The agency proposes protecting more than 1.9 million acres of critical habitat for Florida manatees and more than 78,000 acres for Antillean manatees in Puerto Rico, marking the first update since 1976.

"It's a long-overdue revision of looking at what is vital habitat for manatees to find warm water, to be able to feed, to travel, to give birth and safely raise their young," said Elizabeth Fleming, a senior Florida representative for the nonprofit Defenders of Wildlife.

Previously, critical habitat was designated based solely on areas where manatees were known to congregate. The proposed changes now incorporate scientific research, identifying areas based on the physical and biological features essential for their conservation.

The updated habitat proposal is open for public comment until Jan. 24.

Katherine Sayler, a southeast representative for Defenders of Wildlife, said the loss of warm-water habitat is a major threat to manatees, many of which now depend on power-plant outflows for warmth. The updated habitat proposal includes natural springs such as Manatee, Fanning and Silver Springs, which stay at 72 degrees year-round and are crucial for their winter survival.

"They need travel corridors to get between these areas of warm water," Sayler explained, "and that's where we think we need to really allow for the public to engage and really make comments on where are these travel corridors."

Seagrasses are vital to the health of marine ecosystems. For more than a decade, the Indian River Lagoon has experienced extensive seagrass meadow loss because of algae blooms associated with nutrient runoff and degraded water quality from septic overflow leaching into the environment.

Fleming added that the proposal is a first step. Still, much more must be done to address concerns, especially in an area known as Mosquito Lagoon, which she described as a critical habitat for manatees.

"This area of the Indian River lagoon that has had some regeneration of seagrass isn't included in the new manatee-critical habitat," she said. "So, we see that as a big omission."

Anyone can comment on the proposed habitat changes via mail or electronically on regulations.gov. Conservationists hope increased awareness during manatee season will strengthen safeguards for Florida's iconic marine mammal.

Final federal plans for Greater sage grouse habitat in Wyoming and other western states were met with criticism last month but some said the overdue plans need to be passed.

The final Environmental Impact Statement from the U.S. Department of the Interior revises policies on nearly half of sage grouse habitat across 10 states. Some environmental advocates said the plans are not protective enough for the birds, whose populations have declined about 80% across their range since the mid-1960s.

Alison Holloran, executive director of the Audubon Rockies regional office of the National Audubon Society, said work needs to be able to happen on the ground now.

"We have wasted 10 years," Holloran contended. "We have serious issues with climate and drought, and invasive species, wildfire eating up our sagebrush. These plans have an ability to put our words into action, finally."

Current management is based on Obama-era 2015 plans, which the first Trump administration attempted to replace in 2019 in favor of its energy dominance agenda. Holloran acknowledged no one is sure what Trump's second term could mean for the new plans. The protest period ends Dec. 16.

Wyoming Gov. Mark Gordon wrote in a statement the federal plans "reflect extreme indifference to the primacy vested in Wyoming's exclusive authority" to manage the bird's population and he is "hopeful" about Trump's next term.

Holloran pointed out the Bureau of Land Management used the newest science, which has advanced since the 2015 plans, and the agency is charged with balancing different kinds of land use.

"I would say they are fair plans in taking what BLM lands are, as multiple-use," Holloran noted. "It is about how we all use our public land. And I think the American people need to understand that as well."

The final impact statement reduces the acres of "critical concern" from its last proposed plans by nearly 25% to about 630,000 acres but it also suggests tightening restrictions in those areas for oil, gas, wind and solar energy development.


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Pronghorn, which can reach speeds of 60 miles per hour, are the second-fastest mammal on earth but their speed is no match for cars and trucks.

Colorado Parks and Wildlife recently released video showing more than 100 pronghorn killed along eastern Colorado roads after heavy snowfall blocked their escape routes.

Liz Rose, Colorado field representative for the Theodore Roosevelt Conservation Partnership, said unfortunately, such numbers are not unusual. Every year, 4,000 wildlife-vehicle collisions are reported across the state.

"Those are just the reported incidents," Rose pointed out. "The actual collision rate is thought to be more than 14,000 wildlife-vehicle collisions each year in Colorado."

Colorado is home to herds of bighorn sheep, deer, elk and pronghorn, and all must travel between winter and summer habitat for food and shelter. Rose emphasized because migration corridors intersect with roads and highways, motorists need to be on the alert. Each year, collisions cost $80 million in property damage and medical-related expenses, and 24 million in lost wildlife.

Wildlife-related recreation added $7.5 billion to Colorado's economy each year. Rose believes it is important for lawmakers to protect the revenue stream by creating and maintaining overpasses, underpasses, fencing and signage. The first major wildlife crossing on the I-70 mountain corridor, completed last June west of Denver, cost just over $10 million.

"Additional funding for the crossing infrastructure is desperately needed," Rose contended. "Because these are big projects and for them to be really successful, it's important to incorporate the best data, the best construction practices, to do it right."

Using GPS tracking data, scientists have identified 88 top-priority sites across the state where large herds routinely encounter roads and highways. Rose stressed everyone wants to feel safe driving across Colorado's iconic landscapes and most want to see wildlife, just not on the road.

"The risk of wildlife-vehicle collisions affects all of us in Colorado," Rose added. "Anyone who drives, especially near sunrise or sunset, we are all at risk of potentially encountering wildlife."