The Facts of the Chevron Case [No. 86]

Published 2022-05-11
Everyone knows what the Chevron case now stands for - deference to agencies. But what was the case itself actually about? Professor Gary Lawson outlines the facts of Chevron and the historical context in which it arose.

Professor Gary Lawson is the Philip S. Beck Professor at Boston University School of Law.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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All Comments (21)
  • So if I’m understanding correctly, unless there is a specific law written by Congress, detailing how produce and meat should be examined before going to market, there’s now no longer a guarantee that the food you eat will be safe for consumption.
  • @puckg2454
    Congress should be REMOVING redundant laws, and SIMPLIFYING All Laws - For The People. Complex laws ONLY help Lawyers! Corruption can be gauged by the Number of Laws on the books 😢😮
  • @StevenKHarrison
    Legislatures pass laws, experts apply regulations designed to bring compliance with those laws. Most of us out here understand this basic concept. You are looking for ways to circumvent those regulations because they reduce the profits of the corporations that pay you. We know who you really work for and we are not fooled.
  • @acd2050
    What this will require is an update to how the executive branch operates. There will need to be a law that has some sort of intermediate step in the law making process. Create a law that tasks the agencies to create details and then when finalized a vote by congress on acceptance of these laws. It will force more cooperation between the 2 sides as likely one congress would initiate the task and a new congress would need to do the approval process. This way unelected bureaucrats can’t tell me that because it rained heavily one night and my lawn did not drain properly that my property is now a wetland sanctuary and I’m not allowed to use my land anymore
  • A whole bunch of verbiage, to basically say, "How am I going to get around this?" 😑
  • @lonnyself3920
    I lived so much of this most will never know how much that law was need when it was implemented US army radar missile operation NCO 1976 to 1986 , To when it was turned into an albatross that got us 9/11 many other missteps , know why how and what for to bad some interpretation of law is as it is, full circle
  • @franky1288
    Problem with letting agencies policing themselves and adjudicating there own rules,you get a loop open to corruption
  • This works both ways! The over regulation side isn’t being presented, neither is the side of the bureaucracies, not having to answer to Congress. But oh well
  • I take is as: now, if a company decides to do some funny business, they can not just shift the blame to a nameless/faceless 3-letter-agency (where that particular bought-out clerk/officer has long moved up the ladder and away from being identified by authorities from being punished) . Now, a SPECIFIC person in that corporation must take responsibility for an illegal act, and be sent to prison. Any one wants to become one? I thought not. That's the point. No more: "oh, these ppl frim that building said it was safe and effective and we must safe the planet" & "oh, no, it was you, ppl yourselves! Well, those that were here before you" kind of a travesty.
  • What this really means, is that politicians will have to actually do their jobs. Politicians will have to make laws that are clear, with no room for interpretation.
  • Federal agencies making rules aren’t rules, but law. It’s our congress who are required to make laws. Forcing a business to take on federal agents and making them pay for them is tyrannical. When I think of reducing government, I think of reducing the powers these agencies have given themselves.