On Friday, the Supreme Court overturned the Chevron doctrine in Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo, to limit the power of federal agencies to interpret and implement the laws in context. The ruling places decision-making for the public good—including the protection of people's health, safety, and whole ecosystems —into the hands of adversarial interests to be decided in courts. This matter had been in motion for a period of years, but the Supreme Court's ruling is a deep cut to multigenerational efforts to provide checks and balances for the branches of government, steeped in science and data rather than the politics.
The overturning of Chevron deference rolls back four decades of jurisprudence, and it is a grab at congressional power setting the stage for an authoritarian regime. This ruling further advances regressive agenda setting of recent decisions by SCOTUS to criminalize reproductive autonomy, halt racial equity, and punish people experiencing homelessness, while allowing a sitting president civil and criminal immunity for official acts and presumptive immunity for all others. This shifts the burden of corruption in favor of the whims of one over the safety of the many.
The recent SCOTUS decisions make it abundantly clear that we are in a declining US democracy. This country began as an experiment, and we must see ourselves with agency within the experiment. We are all beneficiaries of a legacy of resistance that has always persisted in response to exploitation, theft, and worsening conditions. It is our imperative as a member-led association of environmental grantmakers, to practice philanthropy in solidarity with vulnerable communities to forge reparative pathways that benefit all people and species. We therefore reject efforts to undermine livelihoods, care, and autonomy. We believe that a healthy democracy begets a healthy planet, and that murkiness and gamesmanship jeopardize ecosystems and civil society for mutually assured destruction.
Even in this hour of challenge, EGA is a network of support for our members in strategic philanthropy, collaboration, and risk-taking. We endeavor to continue being a partner and provide refuge that sustains our members' work, as we move with conviction and vision amidst consequential shifts that will determine the future of generations.
We've gathered these statements from philanthropy leaders that offer thoughtful reflections and affirmations in response to the SCOTUS rulings, and invite you to browse through them:
EGA members respond to the overturning of the Chevron Doctrine in Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo:
- Jonathan Pershing, Director of Hewlett Foundation’s Environment Program: “The Hewlett Foundation remains committed to supporting the application of technical and subject matter expertise in national regulatory policy to protect the public. We will continue to support our grantees — in the Environment Program and beyond — as they work to provide that necessary input as we strive to keep our water clean, our lands flourishing, our workers safe, our corporations accountable, and our communities healthy, thriving, and strong.”
- Andrew Behar, CEO of As You Sow: “Like many of its recent decisions, the Supreme Court’s overruling of Chevron is fundamentally antidemocratic, antithetical to the separation of powers, and is based on ideology, not law. It will be used to protect corporations that choose to pollute and externalize costs at the expense of every American’s health, freedom, and prosperity. It is shameful.”
Reproductive Justice in Moyle v. US:
- Tides: “The United States Supreme Court decision to dismiss Moyle v. United States is a major setback to reproductive justice and health equity. We remain committed to working with our donor and social change partners to ensure all people have equitable access to lifesaving reproductive healthcare.”
- Elizabeth Arndorfer, Packard Foundation’s US Reproductive Health Director: “At the Packard Foundation, we will continue to support our partners working to create a future where people in all 50 states have access to high quality, affordable abortion and contraceptive care.”
Criminalization of Homelessness in City of Grants Pass, Oregon v. Johnson:
- Campion Advocacy Fund: “Housing is the solution to homelessness, not jail time, tickets, and fines. These punitive actions compound the trauma, debt, and struggles of people experiencing homelessness. “
- Silicon Valley Community Foundation: “Criminalizing homelessness is a step backward in addressing the root causes of this crisis. We believe in humane, effective solutions that provide housing and support services to those in need. Our communities must remain inclusive, safe, and welcoming for all, regardless of housing status.“
With care,
Tamara
Tamara Toles O’Laughlin
President and CEO
Environmental Grantmakers Association