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Potential Chevron decision impact on things like household appliances?
Posted on 6/29/24 at 9:00 am
Posted on 6/29/24 at 9:00 am
Can someone better versed in law explain if this decision could impact the forcing of homeowners to buy certain EPA mandated products like AC unit’s with ever changing coolants or seer ratings? Required energy star rated appliances etc? Any chance these go away or will it take years of lawsuits to make that happen?
Posted on 6/29/24 at 9:03 am to creolechef
I don’t think it’s entirely clear how it will shake out yet, but if I’m a car or appliance manufacturer I’m suing the government Monday and praying to God Trump wins so they don’t destroy my business in 2025 if Biden gets back in office.
It’s entirely clear however there will be a barrage of suits brought against the ATF which could enhance gun rights significantly.
It’s entirely clear however there will be a barrage of suits brought against the ATF which could enhance gun rights significantly.
Posted on 6/29/24 at 9:08 am to creolechef
Can someone help me remember a SCOTUS case that involved the EPA and West VA?
It was probably 2 years ago but the board celebrated the decision because similar to this case, it makes Congress do their job vs Bureaus that have an agenda.
Can you help me remember this case?
It was probably 2 years ago but the board celebrated the decision because similar to this case, it makes Congress do their job vs Bureaus that have an agenda.
Can you help me remember this case?
Posted on 6/29/24 at 9:09 am to tide06
Trump walks in on day one and reverses all regulations back to January 2020. Done.
Posted on 6/29/24 at 9:11 am to dstone12
I remember it and knew it was the beginning of the end of the administrative state. Our goooooooooooooooooooooooooberment is supposed to answer to us, the people. Frig' the administrative body at every level.
Posted on 6/29/24 at 9:13 am to creolechef
The removal of Chevron deference doesn't mean that the Administrative agencies cant make regulations. It just means if they make a regulation that may overstep their statutory authority and they get taken to court, their interpretation of the statute is no longer given deference. So the courts will hear from the EPA experts and will hear from the AC company's experts and will decide if the action was within the agency's powers.
Then if congress doesn't like the way the court interpreted the statute, they can just pass a new statute that allows it.
Then if congress doesn't like the way the court interpreted the statute, they can just pass a new statute that allows it.
Posted on 6/29/24 at 9:14 am to creolechef
The short answer is no it will not impact policy that has been placed in effect. The likely hood is that those cases will need to be reopened individually. The Chevron rule has been in place for 40 years. There is no way to simply erase 40 years of policy. The ruling gives back the power to enforce policy to judges to make rulings on complicated policy issues and no longer gives deference to the administrative bodies for each respective issue.
What will be directly impacted are any and all open cases that are currently under consideration.
What will be directly impacted are any and all open cases that are currently under consideration.
Posted on 6/29/24 at 9:15 am to dstone12
I think that was the case where the court said that agencies can't make these monumental decisions with outsized impact on the nation. If an agency wants to do something like that, Congress has to say it explicitly.
Posted on 6/29/24 at 9:20 am to rebeloke
What I was hoping for is that it removes the authority of the government to mandate certain kinds of restrictions on consumer goods such as the flow restriction on bath fixtures, DEF in diesel trucks, certain emissions restrictions on cars, and hearing protection devices on firearms which are not only legal but encouraged in some states.
But the more I look at it, that doesn’t appear to be what we are getting
But the more I look at it, that doesn’t appear to be what we are getting
Posted on 6/29/24 at 9:25 am to rebeloke
quote:
The likely hood is that those cases will need to be reopened individually.
Agreed.
quote:
he Chevron rule has been in place for 40 years. There is no way to simply erase 40 years of policy. The ruling gives back the power to enforce policy to judges to make rulings on complicated policy issues and no longer gives deference to the administrative bodies for each respective issue.
Once the first case breaks against the government it’ll be clear there is no legal backing for anything those agencies did without legislative support and the retreat will be on.
Unless the DNC can control congress and the WH in 2024+ to push through actual legislation to reinstate the agency mandated you are about to see massive changes in multiple industries.
Posted on 6/29/24 at 9:27 am to Purple Spoon
quote:
But the more I look at it, that doesn’t appear to be what we are getting
I believe it did, it just requires the companies impacted to object and then we will know for sure what the courts will sustain, but based on this ruling I don’t see how the tide doesn’t largely wash away much of what was done when the cases settle in a few years, particularly if Trump wins in 2024.
Posted on 6/29/24 at 9:42 am to tide06
Every car tuner and performance parts supplier needs to sue the EPA.
Motortrend
Motortrend
This post was edited on 6/29/24 at 9:43 am
Posted on 6/29/24 at 10:32 am to tide06
quote:
I believe it did, it just requires the companies impacted to object and then we will know for sure what the courts will sustain, but based on this ruling I don’t see how the tide doesn’t largely wash away much of what was done when the cases settle in a few years, particularly if Trump wins in 2024.
Just because the agency's interpretation of the statute isn't given deference doesn't mean that interpretation is automatically wrong.
That's the issue lost in the reporting of this in the echo chamber.
Many (most? a super majority?) of the regulations will be upheld without Congressional action to write longer, more detailed statutes to fill the gaps.
Posted on 6/29/24 at 10:48 am to rebeloke
quote:
There is no way to simply erase 40 years of policy.
With the advancement in technology, tons of those regs are obsolete
So this will have an immediate impact. As the agencies start trying to enforce regs, there will be immediate push back. Which will result in less enforcement, because lawsuits will eat up way too much of their budget
Posted on 6/29/24 at 10:49 am to RobbBobb
quote:
because lawsuits will eat up way too much of their budget
These agencies aren't Jeff Landry and they don't farm out their difficult legal work
Posted on 6/29/24 at 10:56 am to tide06
quote:
don’t think it’s entirely clear how it will shake out yet,
Yeah, we will have to wait and see.
I do know that I have a 30 year old fridge in the garage that has never missed a beat but I've gone through 2 'modern' units in the last 10 years.
Posted on 6/29/24 at 10:59 am to RobbBobb
1000s of companies will bring lawsuits against them because their bullshite regulations are costing them billions of dollars a year
This ruling is huge and will affect every government agency.
All their CO2 regulations are dead now.
This ruling is huge and will affect every government agency.
All their CO2 regulations are dead now.
Posted on 6/29/24 at 11:03 am to tide06
quote:
Unless the DNC can control congress
You assume that the GOPers in the House and Senate will actually display the least bit of spine or cojones.
This post was edited on 6/29/24 at 3:46 pm
Posted on 6/29/24 at 11:16 am to offshoretrash
quote:
In 2017, Volkswagen AG (VW) agreed to pay $4.3 billion in criminal and civil penalties to settle charges related to a scheme to cheat on U.S. emissions tests. The settlement included a $2.8 billion criminal penalty, which was the largest ever imposed on an automaker at the time
I’d like to know if VW could say these rules forced them to cheat.
4.5 billion is a lot of money.
Posted on 6/29/24 at 11:22 am to creolechef
It will take time, but these things will happen.
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