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re: Supreme Court Decision Day - THE FINAL DAY! Get in here, geeks!
Posted on 6/30/22 at 10:27 am to Oates Mustache
Posted on 6/30/22 at 10:27 am to Oates Mustache
quote:
If Texas lets the EPA shut down the Permian, there's nothing left on the table.
Todays epa decision by SCOTUS should stop that
0
Posted on 6/30/22 at 10:30 am to laxtonto
Now that Congress has to actually do its job and write the laws, maybe some of the more elderly and/or lazy ones won't want to deal with all that and will finally retire.
I can dream at least.
I can dream at least.
Posted on 6/30/22 at 10:32 am to PsychTiger
quote:
Now that Congress has to actually do its job and write the laws, maybe some of the more elderly and/or lazy ones won't want to deal with all that and will finally retire.
Posted on 6/30/22 at 10:34 am to MMauler
I think the car manufacturers and small engine manufacturers will take this up.
they are held at bay by non engineers dictating, among other things:
safety
emissions,
fuel economy
fuel "contents"
these standards can, and do change on a constant basis,
making designing for next years product challenging, to impossible
this adds thousands to the costs of everyday items
they are held at bay by non engineers dictating, among other things:
safety
emissions,
fuel economy
fuel "contents"
these standards can, and do change on a constant basis,
making designing for next years product challenging, to impossible
this adds thousands to the costs of everyday items
Posted on 6/30/22 at 10:38 am to laxtonto
quote:
WV vs EPA can be used to strike down an agency regulation.
Yes my question….can existing rules and regulations be reversed or overturned?
Posted on 6/30/22 at 10:42 am to dr
EPA will see a slew of cases, but I am trying to think about some of the other nontraditional applications that might be of bigger impact.
Did congress give explicit permission to the Dept of Ed to back student loans?
What about the IRS and how they are intertwined in the banking system?
The FBI and a variety of ways they collect data on the populace?
The Department of Labor and a variety of questions about labor regulations...
Did congress give explicit permission to the Dept of Ed to back student loans?
What about the IRS and how they are intertwined in the banking system?
The FBI and a variety of ways they collect data on the populace?
The Department of Labor and a variety of questions about labor regulations...
Posted on 6/30/22 at 10:47 am to laxtonto
Land use / permitting regulations impact will be huge - this will be a great thing for helping to spur development once things are cleaned up.
Posted on 6/30/22 at 10:52 am to MMauler
quote:
You don't really think all of these corporations are really for this diversity and equity bullsh!t, do you?
Maybe 20-30yrs ago you would be correct but the propoganda is now reality as the those groomed to the agendas are now promoted to business making decisions.
Posted on 6/30/22 at 11:13 am to anc
So swamped, and can't read all of these threads to figure it out.
Which one of the below did we get with the decision?
Which one of the below did we get with the decision?
quote:
1. The good:
The court sides with West Virginia. It will end the EPA's overreach in Climate Change policy and set precedent for other agencies' overreach. This is slowly choking out the Deep State.
2. The bad:
The court sides with the EPA, and while nothing officially changes, its another arrow in the quiver of the Deep State for future challenges.
3. The incredible:
The court sides with West Virginia AND overturns Chevron (1984). Chevron doctrine has been implicated in crucial debates about the modern administrative state and separation of powers. The Deep State has basically grown because of this ruling because whenever the government is a party to a case, Chevron requires judges to favor the government's interpretation.
Posted on 6/30/22 at 11:17 am to KAGTASTIC
1
Posted on 6/30/22 at 11:20 am to MMauler
Dude! That pic makes this thread NSFAAA.
anyone anywhere anytime
anyone anywhere anytime
Posted on 6/30/22 at 11:21 am to BuckyCheese
quote:
The mandates for 50mpg fleet average? That didn't come from congress.
Oh shite. Can CAFE regs be eliminated?
Posted on 6/30/22 at 11:23 am to dewster
Yes
Posted on 6/30/22 at 11:23 am to PsychTiger
One point from Gorsuch's concurrence stands out to me about the applicability to other things people have mentioned:
That looks like what is going to be used in future cases to determine whether or not "major questions" doctrine is applicable for the claim.
ETA: He then goes into
and list four things to determine that. Not going to list them for brevity sake
quote:
Turning from the doctrine’s function to its application, it seems to me that our cases supply a good deal of guidance about when an agency action involves a major question for which clear congressional authority is required
quote:
First, this Court has indicated that the doctrine applies when an agency claims the power to resolve a matter of great “political significance,”
quote:
Second, this Court has said that an agency must point to clear congressional authorization when it seeks to regulate “a significant portion of the American economy,”
quote:
Third, this Court has said that the major questions doctrine may apply when an agency seeks to “intrud[e] into an area that is the particular domain of state law.”
That looks like what is going to be used in future cases to determine whether or not "major questions" doctrine is applicable for the claim.
ETA: He then goes into
quote:
At this point, the question becomes what qualifies as a clear congressional statement authorizing an agency’s action
and list four things to determine that. Not going to list them for brevity sake
This post was edited on 6/30/22 at 11:28 am
Posted on 6/30/22 at 11:30 am to KAGTASTIC
IMHO, the case didn't go far enough.
But, I think one ramification of this case is that the burden is now on the alphabet soup agency to show that it has specific Congressional authorization within a specific US Code section to issue rules and regulations. However, it does seem to limit its ruling to "major questions."
However, the court did not take away Congressional power to delegate such "major questions" to government agencies. In facts, the Court seems to support such delegation. Gorsuch, on the other hand, seems to imply that those delegation powers should be given in very limited circumstances under our Constitution and, taken in consideration with the powers of the States.
But, I think one ramification of this case is that the burden is now on the alphabet soup agency to show that it has specific Congressional authorization within a specific US Code section to issue rules and regulations. However, it does seem to limit its ruling to "major questions."
However, the court did not take away Congressional power to delegate such "major questions" to government agencies. In facts, the Court seems to support such delegation. Gorsuch, on the other hand, seems to imply that those delegation powers should be given in very limited circumstances under our Constitution and, taken in consideration with the powers of the States.
Posted on 6/30/22 at 11:34 am to Houag80
quote:
Yes
If CAFE gets tossed, it basically green lights the automakers to build what consumers actually demand - not what the EPA wants.
Posted on 6/30/22 at 11:36 am to anc
Some huge, huge wins. Praying this is the turning point
Posted on 6/30/22 at 11:41 am to Oates Mustache
“Texas lets the EPA shut down the Permian, there's nothing left on the table“
Does todays ruling for WV make this a non issue now? I’m genuinely curious.
Does todays ruling for WV make this a non issue now? I’m genuinely curious.
Posted on 6/30/22 at 11:42 am to anc
quote:
Supreme Court Decision Day - THE FINAL DAY! Get in here, geeks!
Thought it said Greeks, but anyway, this Court is awesome!
Posted on 6/30/22 at 11:43 am to Atlas_Shrugged
quote:
Does todays ruling for WV make this a non issue now? I’m genuinely curious.
Does it fit these three things? If so, and Congress hasn't given specific regulatory authority for whatever "rule" they plan on using, then sure...
quote:
First, this Court has indicated that the doctrine applies when an agency claims the power to resolve a matter of great “political significance,”
Second, this Court has said that an agency must point to clear congressional authorization when it seeks to regulate “a significant portion of the American economy,”
Third, this Court has said that the major questions doctrine may apply when an agency seeks to “intrud[e] into an area that is the particular domain of state law.”
This post was edited on 6/30/22 at 11:44 am
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