Supreme Court Corrects EPA Opinion After Gorsuch Confuses Laughing Gas With Air Pollutant
Supreme Court Corrects EPA Opinion After Gorsuch Confuses Laughing Gas With Air Pollutant
The error came in an opinion blocking an EPA policy meant to improve air pollution.
Easily done, genuinely. Nearly the same name.
Courts should not be the regulatory authority of pollutants. Experts in the field working within the bounds of a framework set forth by legislation should be. Bring back Chevron Deference.
This was a terrible decision.
Pre or post Loper Bright courts were not the regulatory authority, that's the Executive. The Judiciary determines the bounds of the framework set forth by the Legislative branch, through judicial review. Because the judiciary is our experts on the construction of statutes.
It's pretty ironic to do it in a decision where SCOTUS decided that the courts know better than the experts and don't have to listen to them.
Absolutely.
Think you're mixing up this case with Loper Bright Enterprises v Raimondo.
This case was just about a stay being granted pending a petition for review in a lower court. They lost because they were required to issue an explanation of their reasoning for an interpretation and hadn't.