A post-Chevron strategy for protecting the environment

The author contends that recent US Supreme Court decisions, specifically those regarding the Chevron doctrine and the 'major questions doctrine', have crippled the government's ability to enforce environmental protections. To counter this regulatory paralysis, the author advocates for 'campaigns to change the private sector' by leveraging the needs of companies for customers, financing, and a social license to operate. The text cites the phase-out of CFCs by the Dupont Corporation and industry support for the EU Deforestation Regulation as examples of how private sector action can lead to broader environmental successes and a level playing field for competitors.

• Recent US Supreme Court rulings on the Chevron doctrine and Corner Post cases are viewed as efforts to diminish the government's capacity to provide for the public good, threatening a wide array of environmental protections including endangered species protections, fuel efficiency standards for vehicles, offshore wind siting rules, and climate rules authorized by the Inflation Reduction Act.
• The author proposes focusing on the private sector because companies rely on financing, customers, and a 'social license to operate', which can be used as levers to force executives to adopt better environmental protections.
• Private sector campaigns can lead to systemic change because companies that voluntarily adopt environmental protections often seek a level playing field, encouraging them to support regulations that apply the same requirements to their competitors.
• The document cites the historical example of the Dupont Corporation pledging to cease the production of chlorofluorocarbons (CFCs) after campaigners linked them to the ozone hole, which eventually contributed to the Montreal Protocol.

APA

Hurowitz, G. (2024). A post-Chevron strategy for protecting the environment. Mighty Earth. https://mightyearth.org/article/postchevron/

Chicago

Hurowitz, Glenn. A post-Chevron strategy for protecting the environment. Mighty Earth, 2024. https://mightyearth.org/article/postchevron/.

Wikipedia

{{cite press release |last1=Hurowitz |first1=Glenn |title=A post-Chevron strategy for protecting the environment |publisher=Mighty Earth |date=18 July 2024 |url=https://mightyearth.org/article/postchevron/ |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{hurowitz2024postchevron, author = {Hurowitz, Glenn}, title = {{A post-Chevron strategy for protecting the environment}}, publisher = {Mighty Earth}, year = {2024}, month = jul, url = {https://mightyearth.org/article/postchevron/}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }