Plastic pollution is emerging as a defining crisis of our time. The United States has set a national goal to eliminate plastic release into the environment by 2040 and is engaging in negotiations on a global plastics treaty while simultaneously developing a national strategy. A recent report published by the Environmental Law Institute (ELI) and the Monterey Bay Aquarium provides a comprehensive overview of existing legal authorities the federal government can leverage to achieve this national goal while safeguarding human health and the environment.

On June 28, 2024, the U.S. Supreme Court overruled Chevron v. Natural Resources Defense Council, concluding that courts have a constitutional and statutory obligation to exercise their “independent judgment” when deciding whether a federal administrative agency has acted within its statutory authority. As Justice Neil Gorsuch noted in concurrence, the Court’s decision “places a tombstone on Chevron no one can miss.” This Comment discusses the Court’s decision and its implications for legal challenges to federal agency actions.