Hosts: Marisa Desautel and Clarice Parsons
What happens when courts stop deferring to agency expertise?
In this episode of Environmentally Speaking, hosts Marisa Desautel and Clarice Parsons unpack the impact of the U.S. Supreme Court’s decision to overturn Chevron deference and what it means for environmental law today. Marisa explains how Chevron shaped administrative law for nearly four decades before being replaced by the Loper Bright standard, while Clarice brings the perspective of a mediator to the discussion, exploring how these legal changes may influence dispute resolution and settlement strategies.
Together, they compare what they’re seeing in federal practice versus state practice, discuss why environmental agencies are facing greater uncertainty, and examine whether the shift away from agency deference will fundamentally change how environmental disputes are resolved.
Clarice also revisits last week’s discussion on mediation confidentiality, sharing insights from a recent conversation with an environmental law mediator about why confidentiality works differently when public agencies are involved.
This is Part 1 of a two-part series on Chevron and administrative law. In the next episode, Marisa and Clarice will discuss the more recent Chevron-related case and its broader implications.
Understanding Chevron deference and why it became a foundational principle of administrative law
How Loper Bright Enterprises v. Raimondo changed judicial review of agency decisions
The role of scientific expertise in environmental regulation
Why federal agencies are experiencing greater legal uncertainty
How Rhode Island and Massachusetts courts have responded so far
The importance of exhausting administrative remedies—and whether that doctrine may evolve
Why more environmental disputes may be resolved through settlement rather than litigation
The growing role of mediation and arbitration in environmental conflicts
Clarifying confidentiality in public-sector environmental mediation
Chevron deference required courts to give weight to reasonable agency interpretations supported by the administrative record.
The Loper Bright decision eliminated that federal standard, placing greater responsibility on judges to interpret agency authority.
Federal environmental litigation has become more uncertain, encouraging earlier settlement discussions.
Many state courts have not yet seen the same practical shift.
The long-term effects on environmental regulation and administrative law are still developing.
Chevron U.S.A., Inc. v. Natural Resources Defense Council
Loper Bright Enterprises v. RaimondoHave a question or topic suggestion for a future episode? Connect with Desautel Browning through their website or follow the firm on LinkedIn, Instagram, Facebook, and X.