How Recent US Supreme Court Decisions Harm Environmental Protection

Recent victories for environmental protections in Pennsylvania contrast with several troubling U.S. Supreme Court decisions that threaten federal regulation. PennFuture’s legal team warns that the Court’s new majority is dismantling agency authority just as climate action becomes urgent.

In Corner Post v. Board of Governors, the Court upended a long‑standing rule that parties must challenge regulations within six years of their adoption. Now the clock starts only when a challenger claims injury, meaning companies can create new entities to sue over decades‑old rules. Justice Ketanji Brown Jackson cautioned that this decision, combined with Loper Bright’s repeal of agency deference, opens the door to endless lawsuits that could destabilize the federal government.

The ruling in SEC v. Jarkesy goes further by declaring certain administrative tribunals unconstitutional. Though it centered on securities fraud, the reasoning threatens the Environmental Protection Agency and other agencies that rely on in‑house judges to enforce rules. If similar tribunals are struck down across government, agencies will face expensive and time‑consuming federal court litigation, limiting their ability to hold polluters accountable.

Taken together, these cases strip away the authority of the very agencies entrusted to protect public health and the environment. PennFuture’s attorneys will continue fighting for strong state and federal regulations and defending our Environmental Rights Amendment, but these decisions mean more litigation, fewer enforcement actions and greater risks for our communities.

PennFuture urges supporters to get involved by becoming a member, volunteering, contacting legislators and voting. Sustained public engagement is vital to overcome this assault on environmental protections and to build a cleaner, healthier Pennsylvania for all.