#chevrondeference — Public Fediverse posts

#NetNeutrality eviscerated by #appealscourt ruling
Emboldened by the downfall of #ChevronDeference, the #SixthCircuit struck down the #FCC’s net neutrality rules. https://www.theverge.com/2025/1/2/24334309/net-neutrality-struck-down-sixth-circuit-chevron-deference

Chevron overturn unlikely to impact SEC's conduct — Ripple CLO - In 2023 alone, the Securities and Exchange Commission filed over 20 laws... - https://cointelegraph.com/news/chevron-overturn-unlikely-impact-sec-conduct-ripple-clo #securitiesandexchangecommission #secvripplelawsuit #chevrondeference #regulation #ripplelabs #gensler #ripple #sec

#SupremeCourt Swamped With #EmergencyAppeals, Led by Challenges to #EPA
Away from its main docket, conservative-led court has been willing to intervene in cases early, seeing grave danger when lower #court permits government to implement regulations that industry sees as too burdensome. Because most rules won’t take effect for years, critics question need for high-court intervention so soon.
https://www.wsj.com/us-news/law/supreme-court-sees-wave-of-emergency-appeals-led-by-epa-challenges-d72f2bf6
https://archive.ph/k4DmB
#ShadowDocket #Chevron #ChevronDeference #ChevronDoctrine

The Guardian: US Air Force avoids PFAS water cleanup, citing Supreme Court’s Chevron ruling
EPA says #Tucson’s drinking water is contaminated but Air Force claims agency lacks authority to order cleanup
https://www.theguardian.com/us-news/article/2024/aug/12/air-force-epa-water-pfas-tucson
#EPA #USAF #PFAS #drinkingWater #SCOTUS #SupremeCourt #ChevronDoctrine #ChevronDeference

Oh fabulous
Now the #USAF is using the #ChevronDeference to avoid cleaning up pollutants in #Tuscon

https://www.theguardian.com/us-news/article/2024/aug/12/air-force-epa-water-pfas-tucson

Warren Introduces Bill Effectively Overturning Extremist SCOTUS “Chevron” Ruling

The Stop Corporate Capture Act will bring transparency and efficiency to the federal rulemaking process, and most importantly, will make sure corporate interest groups can’t substitute their preferences for the judgment of Congress and the expert agencies.” https://truthout.org/articles/warren-introduces-bill-effectively-overturning-extremist-scotus-chevron-ruling/ #chevrondeference #ScotusIsCorrupt #StopCorporateCaptureAct

SCOTUS completes the biggest power grab in modern US history;
What balance of power? by Lisa Needham https://open.substack.com/pub/aaronrupar/p/scotus-loper-bright-chevron-jarkesy-explained #SCOTUS #SCOTUSIsCorrupt #SCOTUSIsCompromised #illiberal #illiberalDemocracy #USpol #USpolitics #LoperBright #ChevronDeference #Jarkesy

What #SCOTUS just did to #broadband, the #RightToRepair, the #environment, and more

By overturning Chevron, the Supreme Court has declared war on an administrative state that touches everything from net neutrality to climate change.

By Verge Staff
Jun 28, 2024

"Since the New Deal era, the bulk of the functioning US government is the administrative state — think the acronym soup of agencies like the #EPA, #FCC, #FTC, #FDA, and so on. Even when Capitol Hill is not mired in deep dysfunction, the speed at which Congress and the courts operate no longer seems suitable for modern life. Both industry and ordinary people look to the administrative state, rather than legislators, for an immediate answer to their problems. And since 1984, the administrative state largely ran on one Supreme Court precedent: #ChevronUSA, Inc. v. Natural Resources Defense Council (#NRDC).

"That decision has now been overturned. Admin law is not always interesting, but the simple fact is when it comes to the day-to-day, agencies are the most impactful part of the federal government. No single policy writer at The Verge can fully articulate the impact of Friday’s Supreme Court decision and how profound its effects will be. The administrative state touches everything around us: net neutrality, climate change, #CleanAir and water, and what scant #ConsumerProtections we have.

"While the practice had been in place for decades before, it came to be known as Chevron deference after a 1984 case: Chevron v. NRDC. The Supreme Court ruled in favor of Chevron, allowing the #RonaldReagan administration’s #industry-friendly Environmental Protection Agency to stick with a lax interpretation of the #CleanAirAct.

"Over the years, Chevron deference has enabled federal agencies to tackle all sorts of issues that legislators have yet to cover — from addressing greenhouse gas emissions causing climate change to regulating broadband access. As the conservative legal movement to disempower the administrative state grew, Chevron deference became — in certain circles — shorthand for #GovernmentOverreach.

"Before its decision to overturn Chevron, the Supreme Court had already dealt a blow to federal agencies’ regulatory authority by strengthening the 'major questions' doctrine in its 2022 decision in West Virginia v. EPA. According to the major questions doctrine, a federal agency shouldn’t have the leeway to craft regulation on an issue of major national significance if Congress hasn’t explicitly allowed it to do so in legislation.

"The same bloc of six #conservative justices that formed the majority in West Virginia v. EPA also overturned the longstanding precedent of #RoeVsWade — an even older case than Chevron — in the same month. When two cases calling for an end to Chevron deference worked their way up to the Supreme Court this year, the writing was on the wall — and once again, those same six justices overturned Chevron.

Impacts:
- #NetNeutrality
- The #environment and efforts to fight #ClimateChange
- Regulating #BigTech
- #TechWorkers on #visas and #immigration law
- #Labor and #WorkersRights
- The right to repair, #copyright, #PatentLaw, and the Apple Watch ban

https://www.theverge.com/24188365/chevron-scotus-net-neutrality-dmca-visa-fcc-ftc-epa

#DMCA #Chevron #PowerGrab #CorporateFascism #ChevronDeference #WaterIsLife #CleanWaterAct #SCOTUS #ScotusIsCorrupt #ScrotusSunday #ImpeachJusticeThomas #ImpeachJusticeAlito #KochBrothers

Holy shit

#SCOTUS curbs #FederalAgency #power, #overturning #Chevron #precedent

The #ChevronDeference precedent was targeted by #conservatives who say the government gives too much power to federal agencies.
The decision curtails the power of govt agencies to #regulate, overturning a 40-yr-old #legal precedent long targeted by #conservatives who say the govt gives expert career professionals too much authority.

#law #ActivistCourt #ExtremeCourt
https://www.washingtonpost.com/politics/2024/06/28/supreme-court-chevron-federal-agency-authority/

While #JohnEastman’s views on the #environment are #extreme,…they aren’t exactly rare. He epitomizes the type of #AntiRegulatory, #FederalistSociety bred #legal mind you can expect to see elevated by #Trump. “Eastman has been part of a project to take down #FederalRegulation for a long time,” Andy Mergen, a clinical prof of #EnvironmentalLaw at Harvard said, “which is coming to fruition w/these #ChevronDeference cases.” w/the most #conservative makeup in decades, #SCOTUS is poised to deliver.

Among the consequential decisions in #SCOTUS’ hands is a pair of cases involving fishermen. On the surface, the nearly identical cases are disputes about fishing #regulations. But they have potential to completely rejigger how #FederalAgencies mediate everything from #food & #agriculture to #taxes & #AirPollution—bc they question 1 of the #legal field’s most-cited #precedents… the “#ChevronDeference”

#law
https://www.motherjones.com/politics/2024/06/fish-toads-and-john-eastman-inside-the-conservative-project-to-undo-federal-environmental-laws/

#ClarenceThomas #Reversed Position After #Gifts And #FamilyPayments #SupremeCourt #justice #switchedsides on a #landmark legal doctrine satisfying his benefactors’ conservative advocacy machine #harlancrow The so-called #ChevronDeference #doctrine stipulates that the executive branch — not the federal courts — has the power to interpret laws passed by Congress in certain circumstances. https://www.levernews.com/clarence-thomas-reversed-position-after-gifts-and-family-payments/ #SCOTUS #corruption #darkmoney #billionaries #PaytoPlay
#Conservatives bought #SCOTUs