If there is ANY justice at all - we ought to be seeing about 90% of all “regulations” and “rules” across the alphabet agencies come crashing down. According to the Chevron Defense case - literally 100% of the “rules” and “regulations” established by these agencies, that are not explicitly spelled out in legislation/statute, are by default - unconstitutional.
Imagine - not only the ATF and their myriad of complicated rules and mandates - but the EPA - I’m waiting to support someone (or an entity) filing a lawsuit against the regulations at the EPA the mandate DEF/SCR/EGR on diesels, for example.
Yes, it should. All it takes is someone with standing and the money to pay for a trial.
For that matter, who gave the president the sole power to determine what the average vehicle mileage ought to be?
The Constitution was NEVER meant to give unelected bureaucrats to have the power that was meant for Congress alone. Even if Congress said that it gave the alphabet agencies the ability to do so, because Congress cannot so easily slough their responsibility onto the administrative state.
“Imagine - not only the ATF and their myriad of complicated rules and mandates - but the EPA - I’m waiting to support someone (or an entity) filing a lawsuit against the regulations at the EPA the mandate DEF/SCR/EGR on diesels, for example.”
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Each and every rule will need to be challenged in court, individually, by someone who has legal standing.