Re:Supreme Court guts agency power in seismic Chevron ruling
by avar on Friday June 28, 2024 @08:23PM
(#40826816)
The ADF compiled a short history of pre-enforcement challenges going back to the 1920s[1]. They're not common, but weren't novel in this case.
1. https://adfmedialegalfiles.blob.core.windows.net/files/PreEn...
Re:Supreme Court guts agency power in seismic Chevron ruling
by Darrengineer on Friday June 28, 2024 @09:28PM
(#40827169)
Also, the ‘credible threat’ of being prosecuted was based on the agency simply declining to state that it would not sue if Smith violated the law. Seeing as no such violation of the law had even been alleged, it seems incredibly flimsy to say there was a threat at all, let alone a credible threat.
https://harvardlawreview.org/print/vol-136/standing-in-the-w...