Posted on 06/30/2024 5:00:30 AM PDT by where's_the_Outrage?
The Supreme Court’s decision on Friday to discard the 40-year-old precedent established by Chevron v. Natural Resources Defense Council is a truly harsh blow against environmental protection and climate justice. By overruling the Chevron doctrine that required courts to defer to federal agencies when it came to implementing broadly written laws, the Supreme Court will make it much more difficult for the federal government to regulate pollution — including, but by no means limited to greenhouse gas emissions — among many other issues related to health, labor, consumer welfare, taxation, and on and on.
I am profoundly upset at the damage that this decision will almost certainly inflict on our environment and the fight against climate change. But more philosophically, this decision is also upsetting because it represents a demotion of science and expertise in government.
In the federal government, agencies are where detailed knowledge about specific, complex issues reside; in a healthy society, they would have some authority to manage those issues. In other words, the agencies are the ones that know stuff, and if government is to be effective, they should be able to do stuff.......
My colleague at Columbia, Gil Eyal, draws on a range of examples in his book, “The Crisis of Expertise,” to show how neither expert knowledge nor electoral politics on its own can reliably deliver public trust, or solve complex problems like climate change that have both scientific and political dimensions. Slogans like “listen to the science” gloss over this complexity. So one can’t simply say as a matter of principle that the experts in agencies should have some specific amount of power and no less. But they need to have some power; experts and elected officials need to collaborate for the system to work in the public interest.
(Excerpt) Read more at msn.com ...
As hard as I try, no matter where I look, I still can’t find anywhere in that pesky constitution thingie where the fed was granted the right to regulate the environment...
Call climate busters!
Ain’t no money is real green.
Cue the cat who says “Good!”
Squee!
So much hyperbole in this article. The liberals are clutching their pearls, but the Chevron Doctrine was effectively dead well before the Supreme Court pull the plug on the life support machine. I’m a lawyer and work for my state enforcing regulatory laws and rules. I do not believe any case has actually been decided in favor of the government by use of the Chevron Doctrine in several years. It sure hasn’t happened here in Oklahoma and I haven’t run across any recent federal cases upheld because of it. So the notion that this will curtail federal rule making is likely wrong. They will remain undaunted in their efforts to rule by fiat. The liberal media is once again fear mongering.
As the population grows...you will need more co2 for food...
Oh, ... you mean that elected and actually accountable legislative leaders will have to make the laws instead of career activists in sketchy agencies? Okay.
The Chevron v. Natural Resources Defense Council decision is the greatest blow against the administrative state since the time of Woodrow Wilson.
Leave it to CNN to come up with a reason to complain about a GOOD thing.
Bring it on. Polar bears and penguins will thank you. Fishermen will thank you. Every beer burp, every fossil fuel emission, brings us closer to the day when the globe is warmer, and more comfortable for all of G-d’s creatures.
Fighting with Nature isn’t a good idea. Stop it.
Agreed, GREAT
I hope I am correct in believing this is one of the most positive legal actions of my life. For most of my career I fruitlessly battled the absolute control of bureaucrats and participated in futile attempts of defense aganst them via public comment that was then ignored as agencies did as they pleased. All I have to see to be reminded of capricious, foolish and heavy handed regulation is my gas cans that are now modified to actually dispense gasoline or my three different refrigeration gas tanks etc.
That this decision has been made on the basis of the 1946 Administrative Procedures Act gives me great comfort it will stand for a long time. Right is only done when people choose to seek it and now they have. This court may be Trump's greatest legacy.
Retroactively the challenge of parts of the existing 700,000 or so pages of the CFR created by political wonks, ideaologies and other assorted tyrannical bureaucrats may not be so easy. There is the matter of stare decisis specifically mentioned in Robert's ruling. I am not sure how that effects appeal and overturning of the thousands of times Chevron has been used to put down opposition to tyranny. Going forward though there should at least be a damper put on extra legal regulation.
For the moment I am enjoying the hand wringing of the left and their declarations of disaster. I can clearly see that we are now over the right target. Never mind their feeble arguments of how the government's so called experts are the qualified authority to lord over us. What a preposterous notion!!!
These so-called “environmentalists” that preach about “climate change” are fools....
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