Does anyone at all understand the case that overturned Chevron? Because the facts there are pretty damning and show why federal bureaucrats can’t be trusted to interpret and enforce their own rules.
Basically, the really short version of what happened was this — a family fishing business sued because they were paying $700 a day to have federal regulators oversee their business. The statute governing the National Marine Fisheries Service says nothing about making their business pay for the cost of their own regulation, and it was just decided along the way that businesses would have to foot the bill for the NMFS’ own enforcement.
Because of Chevron, which grants overly broad powers to bureaucrats to interpret the law, the idea that federal agencies could essentially make their own regs and make people pay if they didn’t have the budget to enforce them was tolerated.
That’s insane. Imagine if your local cops decided they needed a bigger budget — gotta keep the town safe! — and started stopping your car at checkpoints all over town to make you pay up. And the mayor and no one else in town could stop them from doing this because only the cops were allowed to determine what was legal.
That’s essentially what the feds were doing here under Chevron. It was outrageous, and the fisheries service’s abuse of power was hardly an isolated instance of federal overreach defended by Chevron.
It was corrupt and needed to end.
If it were possible to calculate the true cost of over-regulation it would be an eye opener. Let’s say that the family fishing business employed three people at $30 per hour, working 10 hour days. That would be $30 x 3 x 10 = $900.
Assume the boat depreciation, fuel etc., was another $500.
That brings the total to $1400.
Under this scenario, the $700 they had to fork out for “regulators” would have been 50% added to their operating cost. Of course, commercial fishing licenses would be an additional cost.
PJ – This ruling is much much bigger than that.:
“Chevron deference” is the ultimate unfettering of the government to enable it to expand as much as it wants, and with nothing to stop it. Of course every agency interpretation of a statute or regulation will be in a way to give the agency itself more power! For Exhibit A, look to the EPA under Obama, which has interpreted the term “waters of the United States” to cover every puddle and wet spot (in order to claim jurisdiction over a good half of all private land) and has determined that a colorless, odorless gas (CO2) is a “danger to human health and welfare” (in order to claim jurisdiction over the entire energy sector of the economy).”
Were talking billions of dollars, maybe more. But this isn’t going to happen overnight.
“The DC Circuit is currently dominated by Biden and Obama-appointed judges, who can be expected to resist regulatory roll-backs of a new Trump administration.”
https://www.manhattancontrarian.com/blog/2024-6-28-the-end-of-chevron-deference
Agreed and understood.
Western federal bureaucracies are the enemy of individual freedom, entrepreneurship & fiscal responsibility.
They’re anti-democratic mofo’s who should be disempowered with an iron fist before we’re all too far down the Road to Ruin.
“Environmental” bureaucracies could care less about economics. They are measured by how much impediment to human endeavor they can accomplish.
This ruling not only underscores the leviathan bureaucracies but the legislative sausage factory where politicians don’t even debate the regulations (most likely can’t be bothered to read them). They simply pass the enabling legislation leaving the bureaucrats and shysters to write the regulations.
I’m anxious to hear what Viva and Barnes will have to say. Attorney Barnes has been challenging the persecution and effort to destroy Mennonite farmers, at the state and federal level.
Just one of many rackets run on us by our overlords throughout the world.
Let me insert here that the $$FEES$$ being charged for the “privilege” of building or remodeling a home in CA is simply outrageous. All totaled … each project pays $50-100,000.00 in fees to every agency in the long gauntlet line of bureaucracies with their hands out. A recent rebuild/remodel of mine paid $22,000.00 in “school developer fees” alone. A new larger water meter needed for mandatory fire sprinklers will cost $20-40,000.00. Permit fees … Parkland fees … Design Review fees … Sanitary District fees … Fire District fees … fees, fees, fees. And that’s not even counting the $100,000.00 that each project requires in professional fees … soil engineer, Architect/Building Designer/Draftsman, structural engineer, civil engineer, arborist, Title 24 consultant …
And the State bureaucrats and Legislators have the temerity to wonder why there is a housing shortage. To wonder why the average price of homes are well over $1MM ? And it’s why there can be NO “low income housing” unless the State subsidizes it. Heavily subsidized.
Oh! And I forgot … some municipalities (like Napa County) charge a “homeless fee” for each new home … and it is an OUTRAGEOUS fee … like $30k. And the State is about to vote on a new “homeless fee” added to every single property tax bill. So the bureaucrats open our borders, and legalize drugs … then make US pay for their stupidity.
who or when or what or where is the chevron mentioned in the posting?
https://www.chevron.com/
The so-called Chevron doctrine — named after the case, Chevron v. Natural Resources Defense Council — told courts to defer to an agency’s interpretation of a statute in circumstances in which the law in question is vaguely written. The precedent is deeply entrenched in administrative law, with Republican and Democratic administrations alike using it to shield regulatory action from legal attack.
And when many people hear Chevron they automatically think “evil oil company”, so when this was struck down the reaction was “the evil oil companies are winning again because …. Trump”.
It was the fisherman’s LAWSUIT that brought this case … the Chevron doctrine … to the high court
I’ve read some pretty silly stuff happening in Oregon with farming – very small farming as in more than 2 acres and you have a massive farming operation so you have to follow these rules. Hopefully that will change so the little guy can milk his two cows and live high off the hog.
Out-of-control US federal regulatory agencies have also artificially controlled the market place by picking product winners and losers for decades. The industry I know is the major appliance industry. The government assumption is, regarding product energy and/or water efficiency, the consumer is stupid and is incapable of making an informed choice and so must accept direction from the government. The result is many appliance models have been discontinued artificially because of questionable regulations and not because the consumer has chosen the option of a superior product.
Rule making agencies have open ended mandates written into them so senators and representatives don’t have to vote on these rules. In the meantime, these bureaucracies expand and expand.
May I live long enough to see the end of the CSA in Canada.
Same thing for residence fishing licenses.
There’s no function or need for them, other than the MNR says so.
We have the same deference in canada, the courts toady to their paymasters in the liberal party, the liberal party cowtows to their voting base, i.e. the government sector, and the people go along because they are stupid cowards. The US still manages slight productivity gains, in Canada we have no productivity gains because of the crushing federal, provincial and local bureaucracies.
Cops do just stop you and take your money. It’s called civil asset forfeiture.
Ain’t Kleptocracy Grand.