Anonymous ID: da939a Jan. 27, 2024, 2:56 p.m. No.20314253   🗄️.is 🔗kun

>>20313851 (lb)

 

>They have, in effect, already done so with W. Virginia vs EPA.

 

W. Virginia was decided on the major case doctrine not Chevron. The only real discussion of Chevron in the W. Virginia opinion was in Kagan's dissent where she argued it should have been applied.

 

So at best W.Virginia set some limits on the reasonableness standard of Chevron while leaving the underlying deference intact.

 

In other words a good start but doesn't go far enough in my opinion. Until Chevron is overturned it is only a matter of time before the limits imposed by W. Virginia are worked around and ignored.