Comment by throwboatyface
1 year ago
Chevron Reference is the idea that when a statute is ambiguous the agencies can interpret it according to their expert opinion.
The alternative is requiring Congress to write every single rule explicitly and pass a law adapting to any change in circumstance or technology. In practice this means "no regulation" because Congress is pretty slow and adding more detail would only make them slower.
All that has to happen is the agency propose a set of rules and let congress vote. If they can't get it through congress then it should be a rule.
It’s unworkably dysfunctional for “everything” to have to go through congress.
If and when agencies overstep that gets resolved through legal challenges.