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Reply to "Bye-bye Chevron "
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Agencies need to do less Congress needs to do more. [/quote] Congress writes laws that provide the framework and parameters. But they leave the specifics of implementation up to agencies, through rulemaking. Rulemakings have to be within the scope of the statutes enacted by Congress. It would be ineffective for Congress to micromanage that, not to mention that Congress lacks the subject matter expertise to do so.[/quote] If only it worked that way in reality. The present cases involve a law where Congress isn't and hasn’t been funding enforcement for decades and so NMFS implemented its own rule for funding it. I understand the nobility of the cause here. But, at the very least, the courts should NOT be deferring to the agency on how to fund enforcement. Or are you people really arguing that we need to defer to subject matter experts on funding enforcement? [/quote]
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