Twenty-five Republican-led states have joined lawsuits challenging a new Biden administration rule that sets tougher standards for deadly soot pollution
The basis for the suit is in the title of the article. Most of these big suits against administrative agencies boil down to anticipation of speculative future injury as a result of agency action. This is part of the modern conservative playbook to destroy the administrative state by undermining one of the most longstanding precedents in administrative law, Chevron deference. The Supreme Court is already set to deliver an opinion which may water down or completely destroy Chevron deference in this cycle (Loper Bright Enterprises v. Raimondo). Settled law doesn’t matter when it’s convenient to a conservative majority.
Terribly-written article. I read the whole thing and have no idea what the basis is for the lawsuit.
The basis for the suit is in the title of the article. Most of these big suits against administrative agencies boil down to anticipation of speculative future injury as a result of agency action. This is part of the modern conservative playbook to destroy the administrative state by undermining one of the most longstanding precedents in administrative law, Chevron deference. The Supreme Court is already set to deliver an opinion which may water down or completely destroy Chevron deference in this cycle (Loper Bright Enterprises v. Raimondo). Settled law doesn’t matter when it’s convenient to a conservative majority.
Well if you look at the amount of garbage GOP politicians pump into the air, it’s only fair companies get to use their freedom of speech the same way.
It’s basically a bet that the Supreme Court will agree with them on ideological grounds.
https://en.m.wikipedia.org/wiki/Soot