Comment by goodluckchuck
1 year ago
Chevron is facially frivolous.
So, an agency says you broke the law.
You take the agency to court.
The court defers to the agency.
You’ve been denied your day in court.
1 year ago
Chevron is facially frivolous.
So, an agency says you broke the law.
You take the agency to court.
The court defers to the agency.
You’ve been denied your day in court.
Congress says: "Hey agency! You're the experts. Figure out and enforce the policy details."
The agency: we have determined that this action by company X is against our policies.
The courts: Congress said that the agency decides the policy. Even if we think an action is inside policy, the agency has Congressional authority to change the policy to put the contested action firmly outside policy.
The company should therefore lobby Congress to regulate the agency. Maybe you could make a case about retroactive or post-facto laws, but I suspect the company is not usually claiming that they abide by the letter of the policy, but that the policy is outside the agency's powers.
Congress makes the laws. The Executive enforces them. Separation of Powers precludes Congress from delegating lawmaking authority to the other branches.
You might have a hearing held by the agency to determine guilt. There is no separation of powers.