The nutty thing is that each state has their own department of environment conservation to manage as best benefits the state's residents. The federal government (in this case, the EPA) should only be involved with interstate issues.... rivers that flow through more than one state or the air and conficts that might arise. Unless an ecosystem is divided by a state border, only the state in which it occurs should have management jurisdiction. I understand that federal ownership of lands within state boundaries complicates this opinion, however, there is a simple solution to this problem, too --> convey all unencumbered federal lands to the states. The states are perfectly capable of managing the resources within federally designated parks, preserves, forests, etc. Let the states manage their resources for the benefit of its residents and not for bureaucrats and lobbyists in D.C.
Good analysis of Chevron and its context. That said, the Michigan incident doesn't really have any connection to it for at least two reasons:
-- an individual staffer being too dumb or lazy to recognize beaver dams, which have never legally been a landowners' responsibility, is just an individual being dumb or lazy. Something which obviously was not invented during the 20th century.
-- the general principle that one landowners' alteration of drainage becomes illegal if it floods a downstream neighbor's property has been established in Midwestern state laws since the 19th century, and remains so today. Has nothing to do with any expansion of federal authorities or 20th-century agency overreach.
Wonderful job with the background and logic in all of these examples and decision, thank you for your work. I always feel uneasy when EITHER the Red or Blue team think that a decision by the Supremes is a "victory". I am reminded of the laurel wreaths given ancient Greek Olympic champions (not gold medals), the laurel wreaths (not jewel encrusted gold crowns) worn by Roman Emperors. The symbol was meant to symbolize the fleeting nature of their performance, or power, not a forever this way sign.
I agree; this is a good summary and analysis. Still, Chevron's ruling leaves some unanswered questions. I didn't read it, but I understand Justice Thomas wrote a separate opinion that Chevron violates the Constitution's separation of powers because the "broadness of the Chevron deference allows for administrative agencies the ability to legislate, rather than implement rules and regulations that lawmakers have already outlined." (from an online article) The majority ruling of Chevron stopped well short of that. So perhaps we have not heard the last of the overreach of the administrative state. I hope that is true!
Believe that is an interpretation from a writer. Likely referring to this specific quote in Thomas' opinion:
By “giv[ing] the force of law to agency pronouncements on matters of private conduct as to which Congress did not actually have an intent,” Chevron “permit[s] a body other than Congress to perform a function that requires an exercise of legislative power.” Michigan,
576 U. S., at 762 (opinion of THOMAS, J.) (internal quotation marks omitted)
You may be interested to read his concurring opinion, which is, as you note, grounded on separation of powers. See here > https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf, where Justice Thomas' opinion is on pps. 44-47 of the PDF. (His is the short one you can read in 5 minutes!).
I live in San Francisco and I see unelected officials of govt agencies making dumbass decisions all the time so can only imagine what happens on a National level. I'll make sure to keep my home "puddle" free.
We feel for you. A beautiful city and state. Bad governance.
But because of its market size, CA environmental and energy policy is like Covid-19(84): Infects the rest of the country (e.g., gasoline blends, car manufacturing, other). So, all that EcoStatism does not even stay in the city, much less the state proper.
So true. When travelling, I no longer like to tell people where I'm from. People hate California and think San Francisco is a toilet (they are not completely wrong). My daughter, Enviromental studies major, was asked in her class what their families thought of the laws trying govern gas by basically outlawing it. She responded by saying , my mom says "I don't want the dam government in my kitchen". Everyone laughed.
One of the best Italian meals I've ever had anywhere was at an old Italian restaurant in North Beach. Parma prosciutto hanging overhead in a private dining room in the basement. Think the place was actually called North Beach Italian Restaurant.
Two members of this team traveled there regularly for business 20 years ago. One still does (not I!). The change is possibly one of the most stark of any major U.S. city over that period, IMO.
Yes, North Beach Restaurant is correct. I know that downstairs room. Great space. Restaurant has since closed, another casualty of COVID. Your opionion about the "stark" change is 100% correct. I am an SF native, born and raised, so I feel I speak on good authority. Glad however you had a good experience.
Great analysis and explanation. Since the decision I have read a lot of commentary and analysis. Yours is the best I have seen so far. Keep up the good work. Given the dramatic events of this weekend - here is hoping that election results this November will re-introduce some counterbalance to the status quo.
As has been the case for a hundreds years, give or take, the federal government, and increasingly state governments, have become behemoths too big to succeed.
I know voting for and commenting about and writing to various congress critters does little these days but put one on "a list", but any candidate who runs on a "program to fix", an "agency to secure" versus the wholesale reduction of government is not for the people, and will never get my support.
Excellent work. Your fears are extremely valid. The apathy of the general public will continue until the lights are turned off. Fortunately people like you are making an effort to educate and inform them. Too bad their biggest worry is how much is gas, the drive thru was busy, when does the game start….. so frustrating
The nutty thing is that each state has their own department of environment conservation to manage as best benefits the state's residents. The federal government (in this case, the EPA) should only be involved with interstate issues.... rivers that flow through more than one state or the air and conficts that might arise. Unless an ecosystem is divided by a state border, only the state in which it occurs should have management jurisdiction. I understand that federal ownership of lands within state boundaries complicates this opinion, however, there is a simple solution to this problem, too --> convey all unencumbered federal lands to the states. The states are perfectly capable of managing the resources within federally designated parks, preserves, forests, etc. Let the states manage their resources for the benefit of its residents and not for bureaucrats and lobbyists in D.C.
Good analysis, thank you! But it’s rein in, not reign in.
Good analysis of Chevron and its context. That said, the Michigan incident doesn't really have any connection to it for at least two reasons:
-- an individual staffer being too dumb or lazy to recognize beaver dams, which have never legally been a landowners' responsibility, is just an individual being dumb or lazy. Something which obviously was not invented during the 20th century.
-- the general principle that one landowners' alteration of drainage becomes illegal if it floods a downstream neighbor's property has been established in Midwestern state laws since the 19th century, and remains so today. Has nothing to do with any expansion of federal authorities or 20th-century agency overreach.
Very thought-provoking piece, thanks for that!
As a British reader, I recognise suspicious similarities with numerous examples of bureaucratic overreach evident in the UK too.
Great article Mental! Thank you for the history and legal lesson. Your writing is top-notch and should be an example for us all.
Cheers fellas!
Kind of you.
Thanks!
Wonderful job with the background and logic in all of these examples and decision, thank you for your work. I always feel uneasy when EITHER the Red or Blue team think that a decision by the Supremes is a "victory". I am reminded of the laurel wreaths given ancient Greek Olympic champions (not gold medals), the laurel wreaths (not jewel encrusted gold crowns) worn by Roman Emperors. The symbol was meant to symbolize the fleeting nature of their performance, or power, not a forever this way sign.
Good reminder and analogy.
Thanks for the compliment!
I agree; this is a good summary and analysis. Still, Chevron's ruling leaves some unanswered questions. I didn't read it, but I understand Justice Thomas wrote a separate opinion that Chevron violates the Constitution's separation of powers because the "broadness of the Chevron deference allows for administrative agencies the ability to legislate, rather than implement rules and regulations that lawmakers have already outlined." (from an online article) The majority ruling of Chevron stopped well short of that. So perhaps we have not heard the last of the overreach of the administrative state. I hope that is true!
Believe that is an interpretation from a writer. Likely referring to this specific quote in Thomas' opinion:
By “giv[ing] the force of law to agency pronouncements on matters of private conduct as to which Congress did not actually have an intent,” Chevron “permit[s] a body other than Congress to perform a function that requires an exercise of legislative power.” Michigan,
576 U. S., at 762 (opinion of THOMAS, J.) (internal quotation marks omitted)
You may be interested to read his concurring opinion, which is, as you note, grounded on separation of powers. See here > https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf, where Justice Thomas' opinion is on pps. 44-47 of the PDF. (His is the short one you can read in 5 minutes!).
Thanks!
I live in San Francisco and I see unelected officials of govt agencies making dumbass decisions all the time so can only imagine what happens on a National level. I'll make sure to keep my home "puddle" free.
We feel for you. A beautiful city and state. Bad governance.
But because of its market size, CA environmental and energy policy is like Covid-19(84): Infects the rest of the country (e.g., gasoline blends, car manufacturing, other). So, all that EcoStatism does not even stay in the city, much less the state proper.
So true. When travelling, I no longer like to tell people where I'm from. People hate California and think San Francisco is a toilet (they are not completely wrong). My daughter, Enviromental studies major, was asked in her class what their families thought of the laws trying govern gas by basically outlawing it. She responded by saying , my mom says "I don't want the dam government in my kitchen". Everyone laughed.
One of the best Italian meals I've ever had anywhere was at an old Italian restaurant in North Beach. Parma prosciutto hanging overhead in a private dining room in the basement. Think the place was actually called North Beach Italian Restaurant.
Two members of this team traveled there regularly for business 20 years ago. One still does (not I!). The change is possibly one of the most stark of any major U.S. city over that period, IMO.
Yes, North Beach Restaurant is correct. I know that downstairs room. Great space. Restaurant has since closed, another casualty of COVID. Your opionion about the "stark" change is 100% correct. I am an SF native, born and raised, so I feel I speak on good authority. Glad however you had a good experience.
Great analysis and explanation. Since the decision I have read a lot of commentary and analysis. Yours is the best I have seen so far. Keep up the good work. Given the dramatic events of this weekend - here is hoping that election results this November will re-introduce some counterbalance to the status quo.
Thanks for the compliment!
Excellent, thorough yet succinct, explanations.
As has been the case for a hundreds years, give or take, the federal government, and increasingly state governments, have become behemoths too big to succeed.
I know voting for and commenting about and writing to various congress critters does little these days but put one on "a list", but any candidate who runs on a "program to fix", an "agency to secure" versus the wholesale reduction of government is not for the people, and will never get my support.
Thanks. We need a water pill for that bloat.
Excellent work. Your fears are extremely valid. The apathy of the general public will continue until the lights are turned off. Fortunately people like you are making an effort to educate and inform them. Too bad their biggest worry is how much is gas, the drive thru was busy, when does the game start….. so frustrating
Thanks. We’ll probably die trying.
Death by a 1000 cuts😢 we are condemning our fate as a nation.