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Posted on 07/03/2024 6:18:18 AM PDT by george76
Just days after the Supreme Court struck down the precedent of automatically deferring to bureaucrats, it is now ordering lower courts to reconsider some cases where federal agencies have interfered with the activities of Americans.
On June 28, the Supreme Court overturned Chevron v. Natural Resources Defense Council, a case that set a precedent requiring courts to defer to reasonable agency interpretations of a given law when the language used in the law was ambiguous. Now, the Supreme Court has ordered lower courts to review Foster v. U.S. Department of Agriculture and KC Transport v. Secretary of Labor, two cases where judges limited the commercial activities of Americans due to the precedent of deference set under Chevron.
““Our clients may now make their case in court without judges putting their thumb on the scale in favor of the government,” said Paige Gilliard, an attorney at Pacific Legal Foundation, the right-of-center legal nonprofit representing the plaintiffs in both cases. “The Supreme Court’s decision to end Chevron deference is a move to restore fairness in federal courts. Our clients Arlen Foster and KC Transport are among the first beneficiaries.
Foster v. U.S. Department of Agriculture concerns a case where melting snow drifts created a puddle on a section of property owned by South Dakotan farmer Arlen Foster in 2011, according to a court filing. The Natural Resources Conservation Service (NRCS), a part of the Department of Agriculture, declared that portion of Foster’s property to be a wetland and barred him from farming on it, even after the water had dried.
Foster requested that NRCS reevaluate their wetland designation and sued in 2023 when they repeatedly refused to do so. The lower courts, however, adhered to the doctrine established under Chevron and sided with the NRCS.
...
Critics of Chevron argued that the precedent enabled bureaucrats to push their interpretation of the law without a meaningful check from the judicial branch, thereby giving the administrative state an automatic upper hand in court. Proponents of Chevron, meanwhile, believe that the expertise available at federal agencies made them better suited for making policy choices than judges.
In KC Transport v. Secretary of Labor, a federal Mine Safety and Health Administration (MSHA) inspector determined that the trucks and repair shop owned by KC Transport constituted a mine under the Mine Act and issued the company two citations, according to a court filing. The company’s trucks were occasionally used to haul coal and the nearest mines were miles away.
A D.C. Circuit Court ultimately deferred to the MHSA finding that KC Transport was operating a mine when the company sued.
“The era of ‘trust the experts’ is over,” Mandy Gunasekara, who served as EPA chief of staff during the Trump administration, previously told the Daily Caller News Foundation. “There’s no doubt that crafty administrative lawyers will try to find an end run around this ruling. But overturning Chevron deference, alongside the ‘major questions’ doctrine decision in West Virginia v. EPA, has defanged the deep state. This is a huge win for checks and balances and putting the faceless bureaucrats in their place.”
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This ruling was huge, a strike against the deep state.
Yes..
Chevron Deference was not only blatantly unconstitutional, it caused immeasurable harm ..
https://freerepublic.com/focus/f-news/4247955/posts
Sadly, instead of voiding all the onerous “good idea/eco pleasing” arbitrary rules and regulations immediately they’ll probably end up being litigated for years. That’s how it seems to work. Beneficiaries? Big law!
Another upside it will force the congress to actually do stuff as they can no longer just blame the executive branch and the courts.
If they don’t like it they will have to act, which puts them on record. No more GOP talking big and not doing anything. We will quickly see who the lefty GOP members are in how they vote and pass legislation.
“...said Paige Gilliard, an attorney at Pacific Legal Foundation, the right-of-center legal nonprofit representing the plaintiffs in both cases.”
Four ways to tell this isn’t the Mainstream media reporting:
1. They didn’t mention “Climate Change”
2. They didn’t call it a “Full-Scale Invasion”
3. They didn’t call Trump a liar
4. They didn’t call Pacific Legal an “Extremist” or “Far Right” organization, but instead used the accurate term “Right-of-Center”
Let’s hope we (true Americans who remember and esteem freedom) carry this to its logical conclusion, viz. to finally, disband and outlaw anti-freedom and anti-American alphabet agencies. And we all know who they are.
This is a huge win for checks and balances and putting the faceless bureaucrats in their place.”
*************************************************************
Now, in the name of balancing a 1 Trillion plus deficit, these “bureaucracies” MUST be cut in half or completely shut down.
Yes!
EPA should be among the first.
yep 100 times more important than the silly presidential immunity decision which was a big nothing burger except for its immediate impact on the lawfare against trump between now and the election.
“These in-house star chambers operating as prosecution, judge, and jury have been handing out judgments (penalties), but the US Supreme Court, at least in the case of the Securities Exchange Commission, has ruled they can no longer operate this way. “In Securities and Exchange Commission v. Jarkesy [SCOTUS decided that]… the SEC cannot continue to handle [these] cases in-house without a jury. The decision will have a far-reaching impact on dozens of federal administrative agencies that use similar processes.”
SEC vs. Jarkesy has the potential to invalidate dozens of similar mechanisms at the federal level, it might have the legs to undermine local star chambers in your neck of the woods.”
Source: https://ussanews.com/2024/06/29/bad-week-for-the-deep-state-chevron-deference-is-dead-admin-courts-on-thin-ice/
Yep. That’s the next move. The first budget submitted by the next Trump administration needs to include radical funding cuts for various executive agencies.
“Now that you’re no longer making regulations, you won’t need nearly so many bureaucrats.”
Cut the FIB and the Department of Education down to $0.
It’s even worse (or better, depending on your perspective) than that.
We are now in an era where “experts” have less credibility than a bum on the street.
/\
i agree.
I'm so tired of having to smog test my car every 2 years in shasta county, when those in trinity county have no such requirement.
Maryland, arguably the least industrial state east of the Mississippi has a similar program in some counties.
When I look for effectiveness data, all I can find on their website is a big banner that reads “It’s working!”
A new Congress needs to address making these unconstitutionally charged individuals whole. They have been finically depleted fighting against a lawless federal government.
That’s how they work. No consistency, for one.
People who know what they are doing in their field, never want to be labeled an Expert.
Academics seek that label.
Need I say more?
Great. Now do the IRS.
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