Cant wait for a 107 year old Reagan appointee to invalidate a well thought out and narrowly tailored safety regulation with clear statutory authority, created with input from a sophisticated stakeholders, because of vibes and a frivolous challenge from the worlds most sunburned car dealership owner
We had this thing called the Food and Drug Administration that made sure your food and meds were safe, and we had this thing called the FAA that regulated airplanes when we still had those. Yeah,they really flew in the sky.
My lukewarm take is that this won’t end up changing things that much in practice because for technical cases they’ll just do a “Skidmore+” that comes out the same way and they basically already don’t do Chevron for the political cases
After SCOTUS stopped applying Chevron in its own decisions the lower courts shifted to only using it to justify the decision they liked better in that particular case
The core factor is going to be “is this a thing the judge wants to deal with” so like “safety regs for nuclear power plants” are getting deference and “can EPA protect the environment won’t,” but helpful to remember that line the EEOC has never gotten Chevron and still functions
True, but my perspective on the issue overall may be warped somewhat because "can EPA protect the environment" is the only kind of litigation I deal with
I spent all week in a training class on RCRA and I asked the instructor how his presentation might change depending on the upcoming decision; he was not prepared to answer.
We don't know when it's expected but we can assume sometime between tomorrow and the end of the month. They still have like 20 or so opinions to put out... so uhh yeah that's like 4 days to dump a bunch right before their vacation. But who knows they might also just hold onto some till October.
