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It absolutely is.

"is a legal test for when U.S. federal courts must defer to a government agency's interpretation of a law or statute."

The idea Congress could pass a law "you can't pollute", and then a all of the legal details behind it aren't actually a part of the law, but rather "administrative decisions" by unelected state apparatus is a run-around of the system.

Congress can still pass such laws, and bureaucrats can create rules. The only difference is now the courts can overturn their interpretation.

How is that not a good thing?



Because congress cannot predict which new chemicals will be invited. They cannot act quickly enough to actually adapt to realities of the world today.

Is CO2 a pollutant? Who decides? Congress or scientists? Judges or scientists?

Now do that for every tiny detail of every part of every law.

It is computationally intractable to write laws specifying every possible scenario and exactly how an agency should act.

I don’t think you realize that these laws were passed with the understanding that agencies would fill in these gaps. Congress wanted these agencies to make these decisions at the time these laws creating said agencies were passed.


It looks like the Court may inadvertently cause substantial delays in implementing projects due to the fear it might instill in bureaucrats.


> due to the fear it might instill in bureaucrats

Bureaucrats living in fear that the laws they pass might be held up to scrutiny?

That sounds like a good thing!




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