This May, the U.S. Environmental Protection Agency issued a revision to the Clean Water Act that requires states to consider tribal treaty rights when crafting water quality regulations. The rule could protect resources such as wild rice, sturgeon, salmon and shellfish.
Nullified by Chevron, right?
Probably, but not necessarily. My understanding is that the overturning of Chevron means that the courts don’t have to defer to agency expertise anymore, but until EPA’s regulatory power is completely taken away, they can still implement these kinds of rules. Someone would have to bring a case against this particular regulation and argue that harm was caused by it, and that case would have to go through the courts and make it to the Supremes. At that point the Nine Robed High Priests of the Imperious Court could decide that they know better than the experts and then squash the regulation. So it’s not automatically nullified by the overturning of Chevron, but with a bit of work it definitely helps.
“Consider” means someone might do what was promised hundreds of years ago, in very small part, if they’re lucky, with no appeal.
The US government decided to nullify their contracts with natives before they made them.
“make me.”
-the states, probably.
“We considered your rights, and then said, 'fuck ‘em.’”
