The list of abuses of the regulatory state is lengthy, and they largely stem from the long-held policy of allowing individual agencies to interpret and enforce law.
The Clean Water Act is a prime example where the EPA very loosely interprets the terms “navigable” and “water” in the act. As a result, a dry patch of desert in Nevada is considered “navigable water” and under EPA regulation.
The Chevron Deference is the name to this policy, which has received heightened attention recently because of the Supreme Court’s Loper Bright Enterprises v. Raimondo decision. The Loper Bright decision overturned the Chevron Deference which deferred to agencies to interpret and enforce laws. SCOTUS, in this decision, rightfully returned power to the legislative branch to check and balance the executive branch.
“This is the way the power works. It comes out of the legislative branch into the executive branch. This is reasserting the power of the legislature to say, ‘No, no, no, no. That interpretation is wrong,’” said Langer.
SCOTUS’ effort to restore constitutional integrity to the branches of government has stirred the chagrin of the Left. In response, Senator Elizabeth Warren has introduced Stop Corporate Capture Act that would restore unconstitutional power to agencies in the executive branch to overrule Congress.
“In this Stop Corporate Capture Act, Elizabeth Warren wants to take another step and say that...the agencies, the executive branch has the power to overrule what Congress did and reinstate a regulation that had been overturned by the Congressional Review Act. Again, this is an insane way of looking at things. Again, these are all tools that are supposed to restore the balance of power,” Langer explained.
Warren’s Stop Corporate Capture Act seeks to codify the Biden administration’s current policy of measuring the impact of regulations by their benefits rather than their costs, which sets a dangerous standard that allows for unrestricted regulation.
Watch Langer’s full break down of the overturning of Chevron Deference and the Democrats’ response on CPAC+ and social media @CPAC.
