Vituperative Erb: 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

we’ll gather our grandchildren around and try to tell them what it was like to live in the last days of Chevron deference

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

Right, which sucks but means the bad part of no Chevron was already starting to happen

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

No I mean fucking sucks to be at the EPA right now, they are the exception to my “this won’t change that much” prediction

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