Good article on coming distractions from environmental protection and global climate change. Corporations and their hired hand Attorneys General are a disgrace to the human race.
Caveat: I don't particularly like "Chevron deference" and I think it is overused. If a statute is ambiguous, courts can look to agency interpretations and "defer" to them. That might be ok in the environmental law context, but in whistleblower and other worker rights cases, courts have used "Chevron deference" to rubber-stamp narrow-minded misinterpretations of law (e.g., statute of limitations and other concepts), denying justice.
I don't like the notion of deferring to agency decisions, qua agency decisions. At Memphis State University Law School during the 1980s, we referred to our course in Administrative Law a/k/a "Ad Law" as "Bad Law" for a reason --- too often citizens' rights are mangled by the administrative state.
Steve Bannon notwithstanding, the administrative state needs to be watched. All governments need to be watched. We reject the insurrectionist arguments of the likes of disgraced former St. Johns County Sheriff DAVID SHOAR, who legally changed his name from "HOAR" in 1994. SHOAR infamously said in 2016 that he rejected the "false narrative" that "cops need to be watched."
As my friend and late former client, Senior Special Agent Robert E. Tyndall established, EPA in particular needs to be watched. Special Agent Tyndall was retaliated against for doggedly investigating some $100 million in acid rain research fraud.
We won his case on the very first day the U.S. Department of Labor's Administrative Review Board issued decisions (June 14, 1996). Environmental crimes investigators' work is protected activity, including recusing themselves where appropriate.
If DOL ARB had somehow ruled against Mr. Tyndall, a Court of Appeals might have applied "Chevron deference" to uphold agency wrongdoing. And that's the problem with "Chevron deference." I look forward to reading the Supreme Court's decision in West Virginia v. EPA, knowing that enforcement of worker rights might improve without thumbs on the scales of justice.
From The New York Times: