The Supreme Court Just Killed the Chevron Deference. Time to Buy Bottled Water. | So long, forty years of administrative law, and thanks for all the nontoxic fish.

https://www.esquire.com/news-politics/politics/a61456692/supreme-court-chevron-deference-epa/

48 comments
  1. >Remember, folks. It’s always darkest before things go completely black.

    >Hard after Thursday night’s television debacle, the Supreme Court leaped in to destroy the separation of powers and, as Elie Mystal pointed out on Xwitter, to engage in the biggest power grab since Marbury v. Madison. Through the now-customary 6–3 vote delivered by the carefully manufactured conservative majority, the precedent of Chevron v. Natural Resources Defense Council, aka the Chevron deference, is now as dead as Julius Caesar. And thus forty years of administrative law comes to a rude and abrupt end. The decision further illustrates that the dedication of the carefully manufactured conservative majority to corporate oligarchy is utterly unshakable, expertise—scientific and otherwise—be damned. Don’t believe me? Ask Chief Justice John Roberts, who wrote the majority opinion.

    >>“Perhaps most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities. Courts do.”

    >So instead of career scientists deciding that the E. coli convention in your pork loin makes it inadvisable to eat, some twenty-two-year old law clerk fresh out of Regent University School of Law will. Bon appétit!

  2. Bottled water is not going to help. Who do you think will regulate whats in the water that they put in those bottles? No one…

  3. It will be so romantic returning to the days of Ohio rivers on fire. Bankside views in the evening of the amber flames.

  4. I can’t wait till the food purity laws get overturned. fda and department of agriculture already are understaffed and Ill-equipped to handle current needs

  5. Jokes on you, water bottles are full of micro plastics

  6. Tomorrow they will somehow rule that Trump has immunity but no other presidents forward do.

    Something’s gotta give here folks… I don’t know what to do. I don’t even know if my vote will be counted, but I do know they thrive on the chaos they alone create.

  7. I was tired of rules being implemented by those who know what they’re talking about. I want jurists to approve bridge designs from now on.

  8. So, isn’t the FEC an administrative regulatory body? Does this give the judiciary the authority to determine what free and fair elections are, and overturn any FEC regulations?

    Also the TSA and FAA mostly enforce regulations, not specified by legislation. If someone wanted to compromise air safey, or use it to deny someone travel, it would be up to a judge, not these agencies.

  9. Get fish while it lasts since the overfishing that’s about to start won’t leave any viable mama fish for later. I’m gonna go with organic tofu for protein.

  10. This Supreme Court is dead set on deregulating an already dangerous capitalism hellbent on turning profit back to shareholders at any given cost.

  11. Aileen Cannons going to use that lifetime federal appointment to roll back all clean water and air laws in Florida id wager.

  12. Super excited for all the libertarians in this country to find out that no actually companies won’t self regulate bad behavior.

  13. The Supreme Court has become a threat to our democracy and our society. Things are about to get very 1960s as far as domestic situations go.

  14. No longer the Robert’s Court, it will now and forever be the Dunning Kruger Court.

  15. Don’t blame me. I voted for the nice email lady.

  16. My guess is this is about fracking waste water, hog farm waste, and fly ash waste. This has been the goal of the federalist society all along and began as a plan under Regan – it’s the final step in regulatory capture, and will define this era of capitalism.

  17. Well if biden wins and still doesn’t do anything with the supreme court, he would be equally guilty.

  18. I appreciate the Douglas Adam’s reference. The dolphins would be taking to space about now if they could.

    As an aside, have you heard the Perfect Circle song So Long And Thanks For All The Fish? That song, and the whole album it is on, is very insightful.

  19. would importing things from other countries be a suitable workaround? genuinely asking

  20. The only glimmer of hope I see is that, given this court’s willingness to ignore precedence and overturn settled law with such reckless abandon, they themselves have set a precedent and, as long as we can keep voting Democrats into the presidency, this slide back to the 1800s can be reversed, though it take a generation. I just pray it’s not too late.

  21. John Roberts: “This doesn’t overturn any existing laws.”

    The five other conservative justices and Dow Chemical: “Allow us to introduce ourselves.”

  22. Time to buy that Reverse Osmosis filtration system I had been thinking about for a while.

  23. That rule/precedent made government SO much easier to run.

    Lawmakers could pass bills with good, but general guidelines. Then say “here’s generally what we want, but we will let the experts sort out the details.”

    It’s like if you wanted a custom home, you’d say “4 bedrooms, 3 baths, 2 car garage, etc…”. And the home builder would work out exactly how to do that.

    Now you will hesitate building a home because YOU need to come up with the architectural blueprint, but you have no idea how.

  24. I’ve long been of the mindset that I firmly believe in staying here to fix the problems in this country, this is my home and I’ll fight like hell for it. But this decision marks the first time I genuinely am considering leaving the US

  25. Blue states still have Departments of Ecology or equivalent.

    Red states will get worse. As usual.

    This is (one of more reason) why people cried on election night 2016.

    EDIT: People seem confused. “Not as bad as it could be” is in no way equal “Everything is fine.”

    I never said or implied that it was an equivalent solution, or that everything is fine.

    Instead, I said this was why people cried.

  26. It’s pretty scary how 9 people decides what’s best for 333 million people.

  27. This is so repetitive… but please vote. You may not like the democrats for one reason or another, but they are currently the only party that cares about your health and future.
    Vote blue, down ballot.

  28. Don’t worry guys, the same Congress that is 100% captured by unlimited donations will definitely step up and write some effective regulatory law.

  29. I guess we get the see another river on fire in our lifetime.

  30. >Time to buy bottle water

    *Laughs in South Louisiana industry town where the local population seems to be a foot shorter than average with a high cancer rate*

    Nobody drinks tap water. We barely like showering in it.

  31. I haven’t seen much about what becomes of 40 years of laws written to leverage the chevron deference in order for agencies to support those activities and the structures that have formed around that support. Invalidating Chevron deference has the potential to create a nightmare situation where everything has to be unraveled and litigated at the court level. Are things in place going to be allowed to continue as it because this could take decades otherwise to just address what’s already been done. I didn’t read the whole thing but hopefully existing agency authority can stand or at least a graces period with reviews have been factored in

  32. Doesn’t this ultimately create more headaches for the Supreme Court? 

    If a judge can be an expert, then an appeal is allowed where you may make another case that the judge lacks the appropriate credibility to make their prior determination. 

    It seems like this creates an open path for more legal headaches and endless litigation until the Supreme Court has to decide. 

    It really does feel like this was a huge failure and a bought off decision.

  33. That water has to come out of the ground so either the company will pump it all out and leave the community with none, or some other company will dump a bunch of shit and poison the water. 

    So start drinking Brawndo. 

  34. If Dems manage to take the House and senite its time to pack the court and take away there destructive power
    ..But what I’m afread of is them handing Trump the presidency even if he loses by Hugh numbers

  35. I work for a chemical company. We sell different versions of the same products in Europe which cost 5-10% more, and they have had all the carcinogens and mutagens removed. We want to sell those same products in the US, but our customers refuse to pay for clean products unless regulations force them to. We have tried to be “the clean supplier,” but then we get underbid. So yeah… There are plenty of safe alternatives, but without regulations, the entire country just has to suffer.

    If I could personally give these conservative justices cancer, I would do it in a heartbeat.

    Regulations make my job as a chemist much more difficult, but you had better damned well believe I will advocate for them!

  36. Something needs to be done about this court. The country can’t just roll over and take rulings like this with no pushback. Several of the judges need to be impeached, and there is cause for at least two and possibly four. The court could be expanded to thirteen. One for every circuit court. It should already have been and a law should be passed that states that the number of judges on SCOTUS shall be exactly that. Or the whole court should be disbanded and start over. The court itself has no power to stop any of it.

  37. Remember when tyson foods dumped 100,000olympic swimming pools worth of toxic chemicals in the river? Remember when oil executives would threaten professors if they discussed brain damage caused by lead gasoline? Australia was a jungle and now it’s a desert because of 1000 years of human negligence in regards to the environment

  38. And they wonder why so many people don’t want to bring children into this world.

  39. Can the people of the United States fire the judges that are making decisions that harm us?

  40. It time, you’ll find some justices were paid off. Either before or after the ruling. They already made that ruling so they could get a ‘tip’, not a ‘bribe’.

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