Posted on 06/30/2024 5:03:35 PM PDT by george76
A family fishing company, Loper Bright Enterprises, was being driven out of business, because they couldn't afford the $700 per day they were being charged by the National Marine Fisheries Service to monitor their company.
The thing is, federal law doesn't authorize NMFS to charge businesses for this. They just decided to start doing it in 2013.
Why did they think they could away with just charging people without any legal authorization?
Because in 1984, in the Chevron decision, the Supreme Court decided that regulatory agencies were the "experts" in their field, and the courts should just defer to their "interpretation" of the law.
So for the past 40 years, federal agencies have been able to "interpret" laws to mean whatever they want, and the courts had to just go with it.
It was called Chevron Deference, and it put bureaucrats in charge of the country.
It's how the OHSA was able to decide that everyone who worked for a large company had to get the jab, or be fired.
No law gave them that authority, they just made it up.
It's how the ATF was able to decide a piece of plastic was a "machine gun".
It's how the NCRS was able to decide that a small puddle was a "protected wetlands".
It's how out-of-control agencies have been able to create rules out of thin air, and force you to comply, and the courts had to simply defer to them, because they were the "experts".
Imagine if your local police could just arrest you, for any reason, and no judge or jury was allowed to determine if you'd actually committed a crime or not. Just off to jail you go.
That's what Chevron Deference was.
It was not only blatantly unconstitutional, it caused immeasurable harm to everyone.
Thankfully, it's now gone.
We haven't even begun to feel the effects of this decision in the courts. It will be used, for years to come, to roll back federal agencies, and we'll all be better of for it.
And that's why politicians and corporate media are freaking out about it.
Thank you for that clear and concise explanation!
Thank you
“ Imagine if your local police could just arrest you, for any reason, and no judge or jury was allowed to determine if you’d actually committed a crime or not. Just off to jail you go.”
Isn’t that what the demoncrats liberal judges been doing to Trump forever?
I think the Deep State worked overtime getting the ache Ron decision so they could have more control of We the People.
Excellent summation!
Excellent summary, thank you. Certainly worth a follow on twitter.
I thank you too.
You have done everyone here a great service.
Whatever happened to the checks and balances that the Founding Fathers designed into the system of government?
The people who are freaking out the most are those who keep blathering on how Trump is a threat to democracy. Makes you wonder just how they define that term.
This I’ve been arguing about for years... Congress makes laws not the EPA, DOE ETC... they throw out rules like laws and they have absolutely no law or power behind them and people cave.
The only thing these useless agencies can do legally is enforce existing laws, they can’t make their own..F’ EVs, the EPA, their mpg requirements, their appliances BS and every other shxt they try to shove down our throats.
Been wondering for years how the ATF just makes crap up, now I know.
The very first words of the constitution after the preamble are:”All legislative powers herein granted shall be vested in a congress of the united states.”
That means bureaucrats cannot write laws. It also means courts can’t write laws either but they continue to do so. Nor can presidents like obama when he created DACA via an EO.
Thank you.
bookmark
Without Chevron, Fauci and cohorts wouldn’t have been dictating masks, ordering distancing, shutting down the economy, etc. Even with Chevron gone, the administrative state will continue to make law I think. That power is hard to give up.
Thanks a million for this post. When I heard about this decision this week I knew that it was probably good because a number of conservatives were weighing in with very positive support. Now I know why.
We in California agriculture have been dealing with this for years
A California farmer will pay $1.1 million for plowing federally protected wetlands and streams, the U.S. Justice Department said Tuesday, closing a years-long legal battle that made him a rallying figure for critics of environmental regulation.
The government announced the consent decree for John Duarte, who owns land and a nursery in the Northern California town of Red Bluff. The settlement with federal authorities, who had been due to start the penalty phase in Duarte’s legal case Tuesday, includes civil penalties and money to restore wetlands and streams.
The case began after Duarte bought fallow land within federally protected wetlands and streams in 2012, and paid a contractor to deep till it, or rip it. The U.S. Army Corps of Engineers cited Duarte. A federal court found against Duarte last year, saying the wetlands that Duarte tilled hadn’t been plowed for at least 24 years.
Duarte’s lawyers argued that he was simply a farmer plowing a wheat field, and they said the seasonal wetlands survived the tilling.
The California farmer’s case had been spotlighted by farm groups, including those concerned about what had been an Obama administration project to more clearly define what wetlands and waterways fall under the protection of existing clean-water laws. The American Farm Bureau Federation lauded Duarte for standing up to federal environmental regulators.
Duarte’s attorneys said in a statement that federal prosecutors would have sought tens of millions of dollars from Duarte during the penalty phase of the legal case.
What thus really comes down to is the Judiciary Nikki get deferring to the Executive which is essentially Chevron Deference did.
It “re-balances” the roles between those two branches of government in regards to rulemaking, etc.
I wait for word on the roll back of the onerous and all inclusive clean water regulations that even now trigger downward to even smaller localities for what they determine to be storm water quality issues.
This is on top of the existing permitting hurdles and agency approvals not to mention wet lands and endangered species that often require hiring more consultants to placate the bureaucrats
I think “promulgated” is the jargon used to turn our government loose on us
Can’t wait for the coming major pruning of all this self proliferating bull shit, prune it all.
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