The article itself makes this point, raising the question of why this hasn't already been resolved internally. But legal experts noted that Chevron does not af

The article itself makes this point, raising the question of why this hasn't already been resolved internally. But legal experts noted that Chevron does not affect EPA enforcement actions like the Tucson order – it only affects the rule-making process. Moreover, one arm of the administration cannot sue another, so the military cannot sue the EPA, and the case would never end up in court where the Chevron decision would come into play, said Walter Mugdan, a former EPA Superfund director. Instead, it would be resolved internally by a presidential administration instead of the judiciary.