Despite sitting on the U.S. Court of Appeals for the Tenth Circuit for over 10 years, Judge Neil M. Gorsuch has authored relatively few environmental law decisions, though he has considered cases concerning federal lands and holds strong opinions on administrative law. Judge Gorsuch interprets statutes strictly, but does not evidence a discernible bias for or against “the environment,” environmental regulation, or federal control over public lands.
Agency Deference
Most of the negative commentary from the environmental community about Judge Gorsuch is that he could sway the court to reverse Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837 (1984), which requires court deference to executive agency actions, such as EPA regulations. Under Chevron, courts take a two-step approach in reviewing challenges to agency actions. If the statute is clear, the court’s inquiry ends. If the statute is silent or ambiguous, the court determines whether the agency’s interpretation is reasonable. If so, the court must defer to the agency.
