Environmental Law in the Past Supreme Court Term: Federalism and Agency Power, With Key Cases in the Term Ahead

Short summary

Supreme Court rulings on environmental law reshaped preemption doctrine and federal removal jurisdiction for contractors, expanding presidential control over agency leadership. Federal contractors and energy producers gained litigation advantages in federal forums. Coming term will address RCRA, NEPA, and climate cases.

• •Monsanto v. Durnell: FIFRA expressly preempts state-law failure-to-warn claims aligned with EPA-approved labels
• •Chevron USA and Enbridge cases broadened federal officer removal statute, giving energy and infrastructure operators federal forum access
• •Trump v. Slaughter eliminated for-cause removal protections for executive agency principals, expanding presidential control

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