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by zamadatix 667 days ago
Why ask if I've read the law and then come up with a story about airborne slinkies? The Chevron case itself was an already easy to explain example: lack of clear definition of source combined with lack of clear deference to the agency to decide. If the law was just written clearly then the EPA wouldn't have changed it's interpretation of what a source is over the years. If the EPA was supposed to be able to make more blanket decisions on the matter then the law needn't halfway spell out the details in that portion and just say that instead.

A base assumption that every law comes with an implied "lets the Executive define, without any restriction, what this agency should do" is certainly not something I'd want the country to just assume (and not even something I'm sure I want any law to specify outright either...)

1 comments

A base assumption that every law comes with an implied "lets the Executive define, without any restriction, what this agency should do" is certainly not something I'd want…

You badly misunderstand what Chevron deference was about and how it worked. This is not at all how it worked.

The text you've quoted contains GP's interpretation of how these laws in general are written and my response to that. It is not related to my understanding of the Chevron deference. Putting it in separate paragraph was supposed to make that clear so sorry if it was left ambiguous. My understanding of the Chevron defence largely stems from and concurs with the notes in the "Opinion of the Court" section of https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf

If you meant something else then all the same you've left no other clues to interpret what your assertion is disagreeing with or why so.