A U.S. Supreme Court decision may limit the authority of federal departments like the Environmental Protection Agency and the Food and Drug Administration.
The “Chevron Doctrine” gives power to federal agencies to interpret vague laws like the Clean Air Act.
However, SCOTUS may up-end that doctrine this year.
University of Hawaiʻi law professor David Forman said that could slow down the national response to the climate crisis.
"The ultimate consequence, though, is that it's going to fall back on the states to exercise authority under their respective jurisdictions," Forman said.
"If you're in a state like Hawaiʻi that has the public trust doctrine, and right to a clean and healthy environment in our state constitution, at the state and local level, which is where a lot of the land use regulation has historically resided, that historically has been a state power rather than a federal power."
"I think you'll still have that ability to proceed in a more creative manner," he said.
According to the Center for American Progress, the doctrine has been used in more than 19,000 cases for the past 40 years.
Forman said that Congress’ role in passing climate legislation will also be more important if the "Chevron Doctrine" is overturned.
