Chevron cuts both ways

 

This is a thoughtful article, but I would like to advance a contrary view (“Shifting scales,” HCN, 5/1/17). Our basic theory of government is that Congress enacts the laws, the executive enforces the laws, and the courts decide the facts and the laws’ meaning.  Administrative agencies have been fit into this structure under the theory that Congress, by enacting laws, still decides the policy, but the administrative agencies can fill out the details of those policies by issuing regulations, and that the agencies are enforcing the laws and their regulations largely through civil actions (rather than criminal prosecutions) and are typically subject to judicial review.

The problem with Chevron deference is it allows the agency (rather than Congress) to decide the policy, and it reduces the effectiveness of judicial review. There is not enough space here to discuss the doctrine of separation of powers, but it is a vital protector of our political process and of procedural fairness. Chevron was a departure from that long-held concept of justice.  It is not enough to say that “Chevron helps safeguard the environment,” because it can be just as effective the other way, and because people concerned about the environment are also concerned about “liberty and justice for all.”

Michael Waggoner
Boulder, Colorado

NewTowncarShare News Classifieds
  • We are hiring a Wyoming Conservation Associate Full time, competitive pay and benefits. Location: Cody, WY (preferred), Jackson, WY, or Lander, WY Visit www.greateryellowstone.org/careers for...
  • The National Parks Conservation Association, the nations leading national park advocacy organization, seeks a Regional Director to lead and manage staff for the Southwest Regional...
  • This newly created position with The Nature Conservancy's Colorado River Program will play a key role in the development and implementation of strategies to achieve...
  • The Foundation NoVo Foundation acts from the original meaning of philanthropy: the love of humanity. The Foundation is dedicated to catalyzing a global social transformation...
  • A new generation of monkey wrenchers hits the Front Range?
  • The Tanner Humanities Center and the Environmental Humanities Program of the University of Utah seek an environmental writer to offer classes in Utahs Environmental Humanities...
  • The Wilderness Society works to protect Wildlands and inspire Americans to care for our public lands. We seek to hire a strategic, experienced leader who...
  • The Idaho Conservation League (ICL) seeks an individual to lead this 45-year-old organization as executive director, to carry on ICLs work as Idahos leading voice...
  • 2+ acres, 400+ feet on Snake River, 2800 sf residence, NWF-certified wildlife habitat, excellent hunting, fishing, birdwatching, stargazing, sunsets & panoramic views. In the heart...
  • Guardians is expanding and looking for a few great people to join us in protecting and restoring the wildlife, wild places, wild rivers, and health...
  • Organic grocery/cafe at Glacier Bay needs a vibrant leader. Love good food, community, and Alaska? Join us!
  • Ouray County, Colorado, a popular tourist destination, has dramatic mountains and amazing winter ice climbing. Challenging terrain and high altitude can push visitors to their...
  • National conservation organization seeks a regular, full-time California Program Associate-Tahoe Area. Position works closely with California-based program staff and National Forest Foundation staff to provide...
  • National conservation organization seeks a regular, full-time California Program Coordinator-Tahoe Area. Position works closely with California-based program staff and National Forest Foundation staff to provide...
  • National conservation organization seeks a regular, full-time California Program Manager-Tahoe Area. Position works closely with California-based program staff and National Forest Foundation staff to provide...
  • National conservation organization seeks a regular, full-time California Program Associate-Southern CA. Position works closely with California-based program staff and National Forest Foundation staff to provide...
  • Collector's Item! The story of barley, the field crop. 50 years of non-fiction research. www.barleybook.com
  • Are you a climber and a writer who is passionate about mountain literature? Do you love searching through old alpine journals for stories of esoteric...
  • 1400 sf of habitable space in a custom-designed eco-home created and completed by a published L.A. architect in 1997-99. Nestled within its own 80-acre mountain...
  • Colorado Canyons Association (CCA) is a growing nonprofit organization fostering community stewardship of our National Conservation Lands with a focus on Dominguez-Escalante, Gunnison Gorge and...