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Can you cite any case that proves this bizarre interpretation? Has the CBP ever been challenged on its practices, and have the case rest on Chevron deference?
by tsimionescu 2y ago
Can you cite any case that proves this bizarre interpretation? Has the CBP ever been challenged on its practices, and have the case rest on Chevron deference?
As others keep explaining, the Chevron deference never allowed agencies to defy the law. It merely allowed them to have the final word on how an ambiguous law that applied to them should be interpreted. For example, if Congress passed a law saying "there shouldn't be poison in the water", the EPA would have the final word on whether a particular pesticide at a particular level constitutes "poison". A company couldn't sue and say "we think this is actually harmless". But the EPA couldn't say "this law authorizes us to hang anyone that puts poison in water" and get away with it through Chevron deference.