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Culture War Roundup for the week of June 24, 2024

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The reason Chevron became a doctrine in the first place was because it involved highly technical questions that courts were reluctant to wade into. The original case involved whether Chevron had to apply for a permit or not. While people are generally concerned about environmental issues, they're concerned about the kind of issues that actually affect the environment, not about the details of EPA permitting requirements.

I think people would care less if it were constrained to that, but Chevron is not some one-case-only matter. Even for the specific matter of EPA permitting requirement, Chevron applied not just the biggest businesses running power plants, but also smaller developers or individual homeowners (both later overturned). Nor does it limit to the EPA: big HHS tax credits, wireless stations, immigration law, vapes, wired internet, countless others. Some courts even tried to expand it to criminal law.

The bigger cases tend to involve corporations, both for obvious financial reasons and because individual plaintiffs seldom can attempt to follow the Sacketts at any price, but that just makes them the bigger cases.