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Isn’t this really an argument about delegating authority? Chevron deference is about congress creating administrative agencies and delegating rule making to th
by alex_young 2y ago
Isn’t this really an argument about delegating authority?
Chevron deference is about congress creating administrative agencies and delegating rule making to those agencies.
There isn’t some separation of powers issue here, the idea is that where congress does legislate and an agency makes a reasonable interpretation of a nuance implicit in the law, these rules carry the weight of the law.
For instance, congress mandates that the EPA enforce clean water standards, and the EPA sets parts per million for various dangerous substances. Would it make sense for congress to have to pass new laws each time a new chemical is introduced to our environment?
- relaxing 2y agoIt makes sense if you want to be able to dump new chemicals in the environment and count on your “small government” representatives to do nothing about it.
- ndriscoll 2y agoIn a sane world, if Congress were okay delegating their responsibility, presumably they'd be okay rubber stamping whatever agencies sent their way (with the advantage that they could more thoroughly review something controversial). If they're not okay rubber stamping, then I suppose they weren't actually okay with delegating their responsibility. Like surely the EPA could send them a 1 sentence bill saying "amend section H paragraph III to add chemical X at 30 ppb", and they could have it passed in a day if they have that trust.