Posted on 07/03/2024 9:23:38 PM PDT by where's_the_Outrage?
Imagine that Congress passes a statute authorizing the Environmental Protection Agency to require permits whenever material alterations are made to a “major stationary source” of air pollution (or new ones are created). So far, so good. Now imagine that a power plant near your home has three smokestacks. Does that count as one “major stationary source” or three? And what makes a stationary source “major”? Beyond these substantive questions is a procedural one: Who should resolve these matters? Unelected federal judges, who may have no particular expertise in environmental law, or the federal agency staffed with scientific and policy experts who do?.....
At its core, the Loper Bright decision is a transfer of power. The Supreme Court insists that it’s a transfer of power from unelected bureaucrats in unaccountable federal agencies to the people’s elected representatives. But that argument is based on two different fictions. Understanding those fictions also helps to understand the central complaint in Justice Elena Kagan’s dissent: that the majority opinion is nothing more than a massive, and potentially government-altering “grasp[] for power.”......
Agencies aren’t perfect. But neither are judges. And if the question is whether technical questions should be resolved by those with the relevant expertise who work for presidents for whom we have voted, or by generalist judges selected (and sometimes hand-picked) by plaintiffs with an ideological axe to grind, the answer shouldn’t have been this hard. Deference to executive branch agencies is something we’ll miss when (as of last Friday) it’s gone.
(Excerpt) Read more at msn.com ...
Agencies have been and are being politized to force agendas such as man-made climate change. This decision allows citizens to have a say in the fairness and science of agency regulations, which leftists don't want to allow as it slows the advance to communism.
The way PMSNBC is reacting basically proves SCOTUS get it right.
The author is an idiot. Congress needs to clarify each occasion.
Judges only intervene, until then.
It was never supposed to be the Deep State always deciding, then enforcing their new edicts, never to be stopped.
What an idiot.
Ultimately Congress will need to get off it’s ass and write and pass granular (in detail) enabling legislation individually for all Executive branch agencies.
Well Steve the problem is that you just suck. Libs are wrong with everything, If you had an honest, pure or right thought in your soul, then the courts wouldn’t have to do this.If congress did their job the courts wouldn’t have to take power away from unelected bureaucrats like yourself.
“experts”
There’s that word again.
One of the management team decided to change my title to “science expert”.
I told him experts are always wrong and change it back to “research scientist”.
A scientist/engineer is wrong many times, especially when what you are doing has never been tried.
Their expert class is often intellectually destitute, morally bankrupt, incredibly inept at being right and live thousands of miles away from the issues.
I pulled a building permit to replace some wallboard.
As for the power plant, if the EPA could see a difference or if a contract would be bid for, apply for the permit.
Congress should not pass vague laws.
Administrative law should only involve clerical work.
If your company deems you an “expert”, you might see more time in courtrooms and deposition rooms than in labs.
Liberals have developed an unhealthy fetish of complete subservience to federal agencies.
1 or 3
You would submit the drawings.
The EPA only wants to have a say.
I’m more capable of surviving in the second Stone Age than any spouse of any senator.
If MSNBC is whining about how bad it is - then you know it was the right thing to do.
The country was set up to make all governance subject to the people’s who vote for the governmental officers.
It doesn’t matter who knows more...the ngos and gos used a power grab to force their will, and yes, their incomplete knowledge base rationalizations on the public without constitutional authority. Their influence needs to be destroyed. These are the snot noses who oppose any type of oversight on their activities. Fire them.
“Deference to executive branch agencies is something we’ll miss when (as of last Friday) it’s gone”
Uh, a YUGE NO!
stopped reading right there.
YAY!
While in France this week, I saw graffiti that said,
“MORTES AUX BUREAUCRATES!”
“DEATH TO THE BUREAUCRATS!”
Unelected means unaccountable, the definition of who they are trying to protect.
The only existential threat to humanity is climate change - Joe Biden
Half the time, (most the time?), government is the problem. Too many laws, rules, and regulations. Too much power in the hands of un-elected bureaucrats. They abused that power and now have to answer for it.
It's one plant...so obviously one source. What a moron.
Congress gets to make substantive law. That’s what they get elected for.
Neither Joe’s agency people nor judges should get to make substantive law.
If in doubt, the person or entity facing the government should get the benefit of the doubt. Legal provisions are normally construed against the party that wrote them.
Tomorrow is another day. Congress can work too.
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