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Robert F. Kennedy Jr
@RobertKennedyJr
The Chevron decision cuts both ways.
The original ruling allowed agencies to function effectively, which they cannot if every interpretative gray area in the law requires a court decision.
If the agency is working in the public interest, we definitely want it to exercise broad interpretive leeway. For instance, almost every important environmental decision in federal court over the past 40 years is based upon Chevron. Without it, the EPA (not an entirely captured agency) is virtually powerless.
But when corporate interests have captured a federal agency, then the same interpretive leeway gives the agency even more power to serve their corporate masters at the expense of the public interest. Thus we have the FDA sending armed police to shut down Amish farmers and grocery stores for selling raw milk, while they allow into our food supply hundreds of harmful but profitable chemical additives that are banned in other countries.
The Chevron controversy is therefore a false dilemma with no solution. The real issue is corporate capture. If federal agencies served the public interest, then no one would want to hamstring them.