Chevron deference overturned by scotus

[cfherrman]

Chevron deference is when a law is vague the alphabet agency, like epa, gets to interpret the law thus legislation without representation.

Now if the law is vague it goes back to Congress.

Hope this helps with emissions and gun laws

 

[AzIron]

Some how I am not sure that will help but at least we can hope there is accountability

 

[IceHole]

For us dummies in the back of the class... what did Chevron do?

 

[cfherrman]

I'm not sure, it was back on the 70's I think

 

[MarcusZ1967]

For us dummies in the back of the class... what did Chevron do?

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. - Wikipedia

en.wikipedia.org

EPA

 

[HarleyHappy]

This is going to hurt all those 3 letter agencies that think their God and like to interpret the laws their own way.
Now the law will be the law and no more making crap up, like they have been doing for 40 years.
What they need to do next is, remove the exact amount of money that they waste on lawsuits and court time, from their budgets.

 

[CM1995]

This is probably one of the largest SCOTUS ruling of our time. It's going to affect every federal agency and how rules and regulations are interpreted. The wiki link Marcus posted above explains it pretty well.

Personally I have been on the abusive end of the EPA back in the mid 2000's. I won't go into details but it was an abuse of the Clean Water Act and "navigable waterways of the United States". Long story short the EPA at the time claimed every ditch was a navigable waterway of the US and under their regulation. Cost us $55K in fines and lawyers fees. If they try similar now one could fight and win.

This ruling affects heavy equipment and construction quite a bit and is a worthy discussion. However like other things governmental it can get into the gutter with politics that have nothing to do with the actual law.

Please refrain from getting political.

Thanks in advance.

 

[mowingman]

Yes, I fought the Navigable Waterways, and Waters of the United States thing, for over 2 years back in the 90's. This had to do with wetlands, which were really active mines. A bunch of egotistical morons at those alphabet agencies Thank goodness we were mostly in Texas and Oklahoma, so the state people were not quite as bad.

 

[Birken Vogt]

Once this settles out, you should sue to get that money back, with attorney fees, court costs, interest, and inflation of course.

 

[CM1995]

Once this settles out, you should sue to get that money back, with attorney fees, court costs, interest, and inflation of course.

Waiting to see how it shakes out. That is a possibility.

 

[CM1995]

Yes, I fought the Navigable Waterways, and Waters of the United States thing, for over 2 years back in the 90's. This had to do with wetlands, which were really active mines. A bunch of egotistical morons at those alphabet agencies Thank goodness we were mostly in Texas and Oklahoma, so the state people were not quite as bad.

Same here our state is easier to work with.

When we got "hit" the EPA and ADEM (Alabama dept of enviro management) were in a pissing match over regulations. So the EPA comes in and overshadows ADEM for a couple of months. We had a 70 acre project under development and it rained heavily the night before so no one was on the job when the duo makes a site visit.

They drove the state vehicle into the site, turned around in the mud, went back out the construction entrance, got mud on the road, took a picture and fined us for that. Inadequate construction entrance. Just one of several items.

It took them 3-4 months to write a report and get it back to us. It's not about the environment or 1 - they wouldn't have driven on a muddy site and 2 - if what they saw was so bad, then why wait 3-4 months to write a report?

Oh yeah mud stains, not actual mud on the silt fence, means it has failed....

 

[Coaldust]

This will have a huge impact for Alaska where 60% of the land mass in federally owned. It’s mind boggling how this will play out. The commentary will be fascinating to follow and the timing is perfect for the recent projects and projected projects.

 

[cfherrman]

I've seen a bunch of people complaining on tic Tok about this comparing it to roe v wade.

I think they are bots you literally cannot think this is a bad thing. I think the bots are just trying to pair it with roe v wade so communists get upset at the supreme Court.

This is probably the best decision of our lifetime and after that one is probably the bruin decision. Clarence Thomas is putting in work.

I've heard that there is not a lot of law around the emissions, so one just now needs to sue epa over emission regulations and get them struck down, every overstep will have to get sued first so it will take awhile.

 

[terex herder]

Sackett vs. Epa was another important decision.

 

[CM1995]

Sackett vs. Epa was another important decision.

Yes. That one gutted the EPA's stance that the ditch in front of your yard is a navigable water way of the US because the water eventually flows into a bigger ditch that goes to a creek that goes to a river. Basically the EPA had control over your backyard in their opinion.

 

[cfherrman]

A really good overview in the first 5 minutes.

Basically the agency gets to decide how much power it has...lol that actually really good description

 

[chidog]

Nice to see people waking up.

 

[Truck Shop]

How many on here were alive and understand how the Chevron decision came about 40 years ago.
Don't look it up--just those that were around then if they remember. There was allot behind it.
*
I'm not going to answer it.

 

[cfherrman]

Big companies could fight the agencies on their decisions, normal people cannot

 

[Welder Dave]

It sounds like the EPA or other groups can't make up their own rules as they wish anymore. Certain people on a power trip could find a fault or fabricate a fault (to justify their job) without merit like CM's example above. If a contractor isn't accessing a muddy site why would anybody sane enter it? If these same inspectors caught someone leaving the site and making a mess on the road, they would likely fine them but it's OK for them to do it and I doubt they cleaned up the mess they made.

It would make sense if a project was being done and dump trucks or other vehicles entering and leaving the site left mud and other debris like rocks or gravel on the road. Companies do get fined for it here as they should. Responsible contractors will have street sweepers or power brooms keeping the roads clean if the work is progressing. What's interesting is I don't think farmers are held to same standards. I've drove out to my property many times and there are stretches of road just plastered with mud and dirt from trucks and tractors coming off a muddy field. I realize they may not have a choice but should still clean it up as soon as possible. Even a loader with a bolt on edge could clean up gobs of mud and dirt from the road.