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Interesting, I was going off the NYT summary when the news broke:
Forty years ago, when Chevron was decided by a unanimous but short-handed six-member Supreme Court, with three justices recused, it was generally viewed as a victory for conservatives. In response to a challenge from environmental groups, the justices sustained a Reagan-era interpretation of the Clean Air Act that loosened regulation of emissions, saying the Environmental Protection Agency’s reading of the statute was “a reasonable construction” that was “entitled to deference.”
https://www.nytimes.com/2024/06/28/us/supreme-court-chevron-ruling.html
But doesn’t a lot of this come down to “ambiguity” in statutes which can be attributed to lack of technical expertise. In the example of you make is there a difference between:
Congress saying the agency is responsible for ensuring drinking water is safe vs the agency is limiting heavy metals in drinking water? If a statute says the agency is responsible for regulating drinking water safety including, but not limited to, heavy metal levels can they also regulate microplastics?
If ambiguity is at play doesn’t that require congress to provide more technical definition to some degree?
It’s crazy it goes to the courts. In an early published ruling Gorush’s ruling was talking about the compound of laughing gas because he confuse it for an air pollutant…