re: #248 KGxvi

Eh, I’m still somewhat skeptical of Chevron deference. In part because I’ve seen some cases where the administrative agencies have gone much too far (on example was that the defined “waters of the United States” to include puddles on private property), and in part because I do worry about the balance of power between the branches of government shifting too much to the executive (and not just because Trump is president). I don’t believe administrative agencies can’t pass/update regulations, but I do think the Courts sometimes give too much deference.

But what is the alternative to Chevron deference if the statute is vague? Is it that the court will decide for itself what is reasonable? Or, and this is the scary part where Gorsuch may be going, do we simply throw out all our laws mandating that the EPA create clean air and water standards because the statute has to be specific and Congress can’t defer the drafting of specific laws to administrative agencies?