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by ceejayoz
697 days ago
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No; the ruling mostly moves adjudication of disputes over regulations from the administrative agency into the courts. From one set of unelected bureaucrats to another. It's likely to result in a DDoS of the court system, but all existing regulations remain in effect until someone brings it to that one-judge jurisdiction in Texas with the judge that loves issuing nationwide injunctions. It's darkly funny to me that the Court, in this power grab, managed to illustrate how insane this is probably going to get directly in the opinion; it repeatedly mixed up nitrogen oxides with nitrous oxide. https://newrepublic.com/article/183285/supreme-court-chevron... |
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Not quite. Chevron deference (what was struck down) says that if the statute is ambiguous, courts are required to accept the agency's interpretation of the statute. In practice, striking down Chevron deference is unlikely to make much of a difference--it now means courts don't have to find a statute to be unambiguous to ignore the agency's interpretation, and many courts have already been willing to do that.
The bigger issue is that another case this term effectively guts the concept of statute of limitations for regulations, saying that the clock starts from when someone is injured by the regulation, even if the regulation predates their legal existence by decades. All you have to do to challenge a decades-old ruling is form a new corporation, congratulations, you are now newly injured by regulations that predate the founders' births. That's more likely to DDoS the court system.