More Power
07-12-2024, 14:59
Will the recent Chevron Deference decision issued by SCOTUS (Supreme Court Of The United States) have any effect on the decades of EPA rule making?
According to the Cornell Law School: https://www.law.cornell.edu/wex/chevron_deference
"Chevron was one of the most important principles in administrative law for 40 years. In June of 2024, the U.S. Supreme Court overturned the Chevron doctrine in Loper Bright Enterprises v. Raimondo stating: “The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled.”
To simplify... Those who believe in more government power will excoriate the decision. Those who believe in small government applaud the decision. This is because it puts a hedge around executive agency power to regulate by requiring that agency to base any current or new regulations or rule-making on a correct interpretation of law (bill passed by Congress and signed into law by the President).
Since 1984, federal agencies have taken an increasingly broad interpretation of federal law while making new rules and regulations - to a point where many new agency rules and regulations are far-far outside of the original intent of any actual law passed by the Congress/President. It had reached a point where justification for a new rule or regulation was based on that agency's own decisions and rule making (or ideology) - not on the law. As a result of the Supreme Court's decision, all federal agencies are affected and bound to the SCOTUS decision. The agencies are bound to a correct interpretation of actual law.
Congress had allowed this problem to grow because it made their life easier. Their workload was lightened and they wouldn't be held accountable to voters for unpopular rules and regulations. Unfortunately, the monster grew while in the dark... but the Supreme Court recognized the danger.
So, will the EPA's rules/regulations regarding diesel emissions standards be affected? Good question, but I suspect it'll take a while to sort it all out in the courts. The federal government will not give up power easily. This Supreme Court ruling is a step back from the edge of the abuse of power. As it stands right now, it's too soon to know if we'll be able to "delete" the restrictive diesel emissions components (DPF, DEF, etc). Some of this could depend on how willing diesel pickup owners are to control smoke and emissions without a government mandate.
By the way... this also affects the ATF, IRS, FCC, FEC, FAA, ad infinitum... Why did we not know this a long time ago?....
According to the Cornell Law School: https://www.law.cornell.edu/wex/chevron_deference
"Chevron was one of the most important principles in administrative law for 40 years. In June of 2024, the U.S. Supreme Court overturned the Chevron doctrine in Loper Bright Enterprises v. Raimondo stating: “The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled.”
To simplify... Those who believe in more government power will excoriate the decision. Those who believe in small government applaud the decision. This is because it puts a hedge around executive agency power to regulate by requiring that agency to base any current or new regulations or rule-making on a correct interpretation of law (bill passed by Congress and signed into law by the President).
Since 1984, federal agencies have taken an increasingly broad interpretation of federal law while making new rules and regulations - to a point where many new agency rules and regulations are far-far outside of the original intent of any actual law passed by the Congress/President. It had reached a point where justification for a new rule or regulation was based on that agency's own decisions and rule making (or ideology) - not on the law. As a result of the Supreme Court's decision, all federal agencies are affected and bound to the SCOTUS decision. The agencies are bound to a correct interpretation of actual law.
Congress had allowed this problem to grow because it made their life easier. Their workload was lightened and they wouldn't be held accountable to voters for unpopular rules and regulations. Unfortunately, the monster grew while in the dark... but the Supreme Court recognized the danger.
So, will the EPA's rules/regulations regarding diesel emissions standards be affected? Good question, but I suspect it'll take a while to sort it all out in the courts. The federal government will not give up power easily. This Supreme Court ruling is a step back from the edge of the abuse of power. As it stands right now, it's too soon to know if we'll be able to "delete" the restrictive diesel emissions components (DPF, DEF, etc). Some of this could depend on how willing diesel pickup owners are to control smoke and emissions without a government mandate.
By the way... this also affects the ATF, IRS, FCC, FEC, FAA, ad infinitum... Why did we not know this a long time ago?....