The two fictions at the heart of the devastating Chevron doctrine ruling
Although it wonāt get as much attention as some of the other rulings in this term, the courtās decision could end up having the most significant long-term impact.
Although it wonāt get as much attention as some of the other rulings in this term, the courtās decision could end up having the most significant long-term impact.
www.msnbc.com
3 Jul 2024 ~~ By Steve Vladeck
Imagine that Congress passes a statute authorizing the Environmental Protection Agency to require permits whenever material alterations are made to a āmajor stationary sourceā of air pollution (or new ones are created). So far, so good. Now imagine that a power plant near your home has three smokestacks. Does that count as
one āmajor stationary sourceā or
three? And what makes a stationary source āmajorā? Beyond these substantive questions is a procedural one: Who should resolve these matters? Unelected federal judges, who may have no particular expertise in environmental law, or the federal agency staffed with scientific and policy experts who do?
The smokestack example is a simplified version of the facts of a real 1984 case,
Chevron U.S.A., Inc. v. Natural Resources Defense Council, in which the Supreme Court held that, if a statutory term is ambiguous, courts should generally defer to an executive branch agencyās reasonable interpretation.
In Chevron, that meant upholding a Reagan-era rule that defined āmajor stationary sourceā on a plantwide basis (back to our earlier example, one source, not three). The animating principle behind Chevron is that, given the range and depth of federal regulations, Congress canāt be expected to define every aspect of every agencyās power with surgical specificity. And it made more sense to let the agencies ā to whom Congress delegated the relevant power in the first place ā provide any final missing details. As the court explained, āJudges are not experts in the field, and are not part of either political branch of the Government.ā
On Friday, in an ideologically divided 6-3 ruling penned by Chief Justice John Roberts, the
Supreme Court unceremoniously overruled the Chevron precedent. And although it wonāt get as much attention as Fridayās
other rulings in the Jan. 6 obstruction case or the
Grants Pass homelessness case (neither of which will get much attention in light of Mondayās ruling in the Trump immunity case), the courtās decision overruling Chevron, Loper Bright Enterprises v. Raimondo could end up having the most significant long-term impact.
~Snip~
There are somewhere north of 430 federal agencies; even if Congress devoted one calendar day each year to one agency, it wouldnāt get to all of them. And even if it could, some agencies enforce dozens of statutes. Could even the most hard-working, institutionally responsible Congress be expected to define in detail exactly what does and doesnāt count as a āmajor stationary source of pollution?ā
~Snip~
That may not seem like a huge deal compared to, for example,
whether former President Donald Trump can be prosecuted for his alleged role in the storming of the Capitol. But federal regulators and regulations are all around us inspecting our meat; ensuring that everyday products, from cribs to cars, are manufactured to minimum safety standards; looking out for public health; and on and on and on.
Agencies arenāt perfect. But neither are judges. And if the question is whether technical questions should be resolved by those with the relevant expertise who work for presidents for whom we have voted, or by generalist judges selected (and sometimes hand-picked) by plaintiffs with an ideological axe to grind, the answer shouldnāt have been this hard. Deference to executive branch agencies is something weāll miss when (as of last Friday) itās gone.
Commentary:
"Agencies arenāt perfect."
Unfortunately Federal Agencies have been and are being politized to force agendas such as man-made climate change. This SCOTUS decision allows citizens to have a say in the fairness and science of agency regulations, which Neo-Marxiost Democrats refuse to allow as it slows the advance to communism.
The way PMSNBC is reacting basically proves SCOTUS got it right.
Here's a good example:
To save spotted owls, US officials plan to kill hundreds of thousands of another owl species.