By Rachel E. Kurtz-McAlaine / For The Herald
The recent U.S. Supreme Court decision to overturn the “Chevron deference” standard marks a significant shift in the environmental regulatory landscape. This doctrine, established in the 1984 case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., allowed federal agencies leeway in interpreting ambiguous statutes within their regulatory domain, providing crucial tools to protect our air, water and wildlife. Now, with Chevron weakened, polluters have a clear advantage.
But amidst this setback, there’s an opportunity for a bolder approach; granting legal rights to nature itself. In Everett, signatures are being gathered to get an initiative on the ballot this fall to give legal standing to the Snohomish River Watershed.
Weakened protections, stronger need for action: Chevron deference required courts to defer to federal agencies’ reasonable interpretations of ambiguous statutes, recognizing that complex environmental issues require nuanced and technical solutions that lawmakers may not foresee or articulate in legislation. The recent Supreme Court decision shifts this responsibility back to the judiciary, which may lack the specialized knowledge needed for environmental science and policy.
Federal agencies now have less power to protect our water from pollution and overuse. This comes at a critical time when extreme weather, pollution, habitat loss and biodiversity decline threaten the health of our watersheds. The removal of judicial deference to agency expertise could lead to less scientifically informed rulings, making it harder to stop polluters and ensure clean water for our families and businesses.
How legal standing for the Snohomish River Watershed can be a game-changer: For too long, rivers, forests and ecosystems have been treated as mere resources, devoid of inherent value. This approach has led to poisoned rivers, vanishing forests, and collapsing ecosystems—consequences of a system prioritizing profit over environmental and community health. The Snohomish River has been contaminated by a variety of chemicals from industrial and municipal sources since the early 1900s, including high concentrations of toxic flame-retardant chemicals recently found in tissue samples from juvenile salmon in the Snohomish Estuary.
The “Standing for the Snoho” initiative in Everett aims to give the Snohomish River Watershed legal standing to enforce its inherent rights to exist, flourish and regenerate, enabling community members to advocate for its protection in court. It’s a powerful tool that could:
• Empower our community: Residents who depend on the Snohomish for clean water, recreation, and livelihoods would have a stronger voice to challenge polluters and unsustainable practices.
• Ensure long-term protection: Legal standing safeguards the watershed regardless of shifting political and judicial landscapes, putting the power in the community’s hands to ensure long-term environmental health without requiring any government agency involvement.
• Address local issues: Watersheds are vital to local ecosystems and communities. They filter and store water, support biodiversity and mitigate flood risks. Legal standing for the Snohomish River Watershed would enable targeted actions to protect this crucial resource from pollution and unsustainable development practices.
This is our watershed, our future: The Snohomish River is a lifeline for our community. It provides clean water, supports our local economy, and shapes our way of life. With weakened federal protections, granting legal standing to the watershed is more crucial than ever.
Some may oppose this approach, but the urgency of the clean water crisis demands innovative solutions. Overturning Chevron weakens environmental safeguards; legal standing for the watershed offers a path forward.
Learn more and show your support for the “Standing for the Snoho” initiative at StandingforWashington.org. Together, we can protect the Snohomish River and other watersheds in Washington state and build a healthy future for Snohomish County.
Rachel E. Kurtz-McAlaine is co-founder of Standing for Washington and campaign spokesperson for the Standing for the Snoho Initiative Campaign.
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