jennie@landshorewater.com
Land, Shore, and Water
Jennie Bricker is an experienced attorney licensed in Oregon and Washington. Her practice focuses on the land, the shore, and the water—and the laws and regulations affecting them. See a list of representative projects…more
Natural Resources Permitting
Jennie Bricker is a natural resources attorney with expertise in obtaining permits for projects that affect waterways and wetlands. She is also an experienced water law attorney…more
Litigation
In collaboration with Harrang Long Gary Rudnick P.C., Jennie Bricker offers support to clients in litigation and appeals…more
About Jennie Bricker
Trained in a large Portland law firm, Jennie Bricker offers high-level legal expertise. Learn more about Jennie Bricker’s experience, education, publications, and presentations…more
News and Events
Major Questions at the Supreme Court
By now, there’s little question: the new United States Supreme Court, with its 6-3 conservative majority, will stir up the status quo. In recent cases, the Court has been building the legal scaffolding of what’s known as the “major questions doctrine.”
To appreciate the doctrine’s significance, it’s important to consider the mechanics of environmental regulation. Regulatory agencies, like the Environmental Protection Agency, interpret their statutes, write rules, and enforce them. It’s always been tough for folks to challenge those interpretations in court, whether the challenger is a member of an environmental advocacy group or a member of the regulated community. That’s because of “Chevron deference,” the rule that courts will defer to an agency’s interpretation of a statute the agency is charged with enforcing.
Now the High Court is backing away from Chevron deference. According to the major questions doctrine, courts don’t have to defer to agencies when what’s at stake has great economic or political significance. The courts want to reserve that type of interpretation for themselves.
As an example, the Supreme Court used the doctrine in King v. Burwell to reject the IRS interpretation of part of the Affordable Care Act. Now the Court has heard arguments in West Virginia v. EPA, where the issue is EPA’s strict carbon limits under the Clean Air Act and President Obama’s Clean Power Plan. The Clean Power Plan was repealed, but not before it actually seemed to be working. By 2019, coal-fired power plants had already met the greenhouse gas emissions reductions that EPA projected for 2030. But even though the law is repealed, the Court wants to hear the case anyway.
The major question: whether the Court will beat back EPA’s authority using the major questions doctrine.
Jennie Bricker has been a Portland attorney since 1997. Small, local, and independent, she specializes in waterways, water rights, property boundaries, land title issues, wetlands, navigability, and permitting.
Contact Jennie
503-928-0976
jennie@landshorewater.com