Why the Chevron Victory Won’t End the Administrative Abuse Coming from the EPA

It's no secret that administrative agencies have significantly overstepped their statutory authority in recent decades. The Supreme Court's recent Loper Bright ruling--marking the official demise of Chevron deference--is a necessary course correction that offers hope for a return to the separation of powers under the US Constitution. Unfortunately, although the Loper Bright decision is a huge win for limited and constitutional government, it does not fully protect us from activist agencies. To be clear, my reaction to Chevron's end was "good riddance." The legal doctrine dating back to 1984 never made sense. It not only offered judges an oversimplified way to wiggle out of difficult decisions but also biased their decisions in favor of the government. Judges would routinely hit the "Chevron button," uphold the agency's interpretation of the relevant statute, and call it a day. Overturning Chevron is, without a doubt, the correct decision.