longbow51
Well-known member
- Joined
- Feb 17, 2023
- Messages
- 895
I, and I believe many share my view, have about had all I can stand of "experts" in the last 4 years.
Let Congress do its job.
Let Congress do its job.
The End of Environmental Regulations/Chevron
- Thread starter Elky Welky
- Start date
SAJ-99
Well-known member
This. You have stated this, but it needs to be said again. With this case and the case on the SEC v. Jarkesy, SCOTUS has migrated toward agencies needing precise written authority in laws that gives them permission to do things. That may seem fine, but it requires Congress to write laws in a very specific way. Some will see the incredible irony in the Constitution being such a vague and imprecise document. Given Congress is pretty inefficient right now and we keep electing unqualified people (from the respect of writing precise laws) to Congress (Navy Seals, Football coaches, Real estate moguls, teacher, waitresses, etc) we should expect even more inefficiency. In the meantime, companies can do what they want without much fear of an agency fining them. The agency will have to take every case to an already overloaded court system.
BuzzH
Well-known member
Right, like pass a gdamn budget before the end of the fiscal year. Maybe sometime this decade they can actually pull that one off.
They haven't done so since the mid-90's, why start doing their job now?
WAFJ.
VikingsGuy
Well-known member
Ironically, Chevron was Scalia’s gift to Reagan administration in the face of Dem-appointed judiciary. Judges on left called it an atrocity and guaranteed ineffective government and hijack of democracy. And now they take to opposite side of the issue - it really does get old. For most of these politicos it is simply about getting their way today - not any principled form of governance.
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VikingsGuy
Well-known member
An over simplification, but essentially yes. The bump stock case last week foreshadowed today’s chevron reversal.
VikingsGuy
Well-known member
Over time this will be more efficient. There is an amazing churn every 4 years when White House changes hands and all the words in all the agencies get new definitions. Better to have courts set them and let them go for a few decades unless Congress provides different direction.
VikingsGuy
Well-known member
We can dream . . .
Huntin' Fool
Well-known member
Let's bring market hunting. Let free markets set seasons and limits.
BuzzH
Well-known member
I'm so used to operating on CRs I wouldn't know how to act if a budget actually passed on time.
Would be nice to actually be able to plan an effective work load, hire the 32% staffing short fall we have, etc.
You know, so we could do the job congress mandates we do by law.
4.5 or so more years and all I'll care about is COLA.
Let someone else fight the monster.
Gotcha. I appreciate clearing that up.
I had to listen to this chevron stuff all day and the entire time all i could think was how will this effect the ESA and grizzlies? Any ideas @VikingsGuy. @Elky Welky. Any other possible wildlife related issues that could immediately pop-up?
Nameless Range
Well-known member
I have seen more than one 4 x 4 group celebrating this, which makes me nervous
brocksw
Well-known member
SAJ-99
Well-known member
How much damage is done in the mean time? This seems like it’s going to require a lot of legislating from the bench. The irony is thick.
VikingsGuy
Well-known member
When you think about it, after 2-3 years of “fixing” past stuff, it really shouldn’t add much to the process - this stuff is litigated all the time anyway - it just changes the standard of review to which they are subject. It’s a burden of proof/evidentiary type change, not a wholesale process change. Winners and losers may change, but the process shouldn’t be any more or less than current state after the initial window.
And I suspect the left will be very happy to limit Don’s administrative pendulum if he wins. It is an eye of the beholder thing.
But I agree re: irony - both sides just want to win every issue without having to compromise.
Nameless Range
Well-known member
I honestly don’t know. Just seen a couple different groups now celebrating it on social media. I’d wager that if certain road closures aren’t referring very precise legislation or something, they will more easily be challenged.
That said, maybe some of the lawyers in the room would understand far better
Washington Gun Law has a great review of the historic ruling, see link below.
In summary, alphabet agencies were free to interpret laws passed by the legislative branch, under the direction of the executive branch, according to the chevron ruling. This hamstrung the judicial branch(their own fault) and created a mess between the separation of powers. The judicial branch has reasserted their power against the executive branch's overreach, reigning in the alphabet agencies, and forcing them to adhere to laws passed by the legislative branch (congress).
It's an absolute win in every way if you despise alphabet agencies, and the executive overreach/agenda of whoever is President at the time.
What will change? Laws will be interpreted and written with better clarity. Presidents will be unable to push unconstitutional agendas through alphabet agencies. Alphabet agencies will be tied to the letter of the law, not the political agenda of who is in power currently. Volatility in the market place as well as life, impacted by regulations or agendas of those currently in power, will be slowed or eliminated.
I see a lot of changes coming that will restore regulations to what the laws intended as written, much more free of political influence. Huge win in my book for gun rights with the ATF as one example. I spoke about another win that affects my business regarding taxes and the IRS in another example.
In summary, alphabet agencies were free to interpret laws passed by the legislative branch, under the direction of the executive branch, according to the chevron ruling. This hamstrung the judicial branch(their own fault) and created a mess between the separation of powers. The judicial branch has reasserted their power against the executive branch's overreach, reigning in the alphabet agencies, and forcing them to adhere to laws passed by the legislative branch (congress).
It's an absolute win in every way if you despise alphabet agencies, and the executive overreach/agenda of whoever is President at the time.
What will change? Laws will be interpreted and written with better clarity. Presidents will be unable to push unconstitutional agendas through alphabet agencies. Alphabet agencies will be tied to the letter of the law, not the political agenda of who is in power currently. Volatility in the market place as well as life, impacted by regulations or agendas of those currently in power, will be slowed or eliminated.
I see a lot of changes coming that will restore regulations to what the laws intended as written, much more free of political influence. Huge win in my book for gun rights with the ATF as one example. I spoke about another win that affects my business regarding taxes and the IRS in another example.
MO Betta
Well-known member
As an aside, one of the few lawyers I can stand to listen to on YouTube. He does well in presenting legislation and legal cases, and generally doesn't put clickbait titles on his videos or put out false information.
VikingsGuy
Well-known member
While a bit to "rah rah" for my taste, he is indeed one of the best (if not the best) YouTube 2A law resource.
longbow51
Well-known member
- Joined
- Feb 17, 2023
- Messages
- 895
Anyone who isn't tired of "experts" after Covid (and Oxycontin) is simply not intellectually honest. FDA and CDC forever tarnished, and much more importantly, the medical profession for not being the skeptics they were taught to be when adopting new modalities. Greed? Fear? Likely both, but as a friend of mine (decorated Soldier, 5th Special Forces Group, Sergeant, and Combat Medic, Bronze Star with Valor x 2, Silver Star) said a long, long, time ago, a Doctor ain't nobody's fill in the blank. Shame on them. No such thing as an unemployed MD. Just say no, not doing that.
Somehow we seem to have grown a generation of spineless individuals.
Somehow we seem to have grown a generation of spineless individuals.
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