OLEJOE
Well-Known Member
Seems everyone has an agenda.
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Cummins caught emissions cheating - fined 1.67 billion mega thread.
- Thread starter Jay P
- Start date
Of course they didn’t. You’re going to love it.
Company fined nearly $2 billion over illegal modifications on pickup trucks: 'They inflict real harm on people'
The U.S. Justice Department has accused truck engine manufacturer Cummins of sneaking software onto trucks that bypass emissions controls.
www.thecooldown.com
Earth Temperature Timeline
Great White North Eh
Squish Cat - And So
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That guy drawing that scroll must be darn old. 
OLEJOE
Well-Known Member
The SCOTUS has ruled on June 28, 2024 that appointed bureaucrats in non-elected positions, as in various alphabet agencies, has NO authority to enact laws of any kind or enforce said laws through any regulations. Congress is the only authority capable of enacting laws and carrying out their enforcement.
LegendaryLawman
Legendary Pessimist
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Love it let the weight loss begin! Funny enough my dad’s 22 had no issues with regen until we changed the air filter to a WIX one. The regen 200 miles, switched to the fleetgard Genos one and it went 700 miles between regens- how sad that this system is such a temperamental POS
steve49
Well-Known Member
If I was Cummins, I'd be on the phone with the lawyers, give me my $2 billon back!
That ruling has nothing to do with the Cummins fine and what they did.
OLEJOE
Well-Known Member
It has to do with any federal employee hired and not elected by the people and any federal agency where the people running it are appointed and not elected. This method of operation that has been being used was put in to effect in 1984 under the Chevron act which has been overturned.
Still nothing to do with Cummins violating sections of the clean air act.
OLEJOE
Well-Known Member
Only if Congress signs off on them otherwise they are void.
All the existing penalties are based off of laws that congress already passed giving them these powers. The ruling is essentially about them enforcing them without a trial. The laws were written with that in mind because it was easier and faster. Now that it’s going to be the same effort either way I’d expect criminal penalties.
UglyViking
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Chevron deference had nothing to do with trial or lawsuits, and it's overturning does not change prior rulings and lawsuits (as stated within the new ruling with Loper. Rather, Chevron basically gave agencies a large amount of autonomy to interpret laws that may be unclear, rather than forcing the legislature to update the law.
As an example, the ATF recently attempted to outlaw bump stocks, siting that they are effectively machine guns and illegal because of the ATF's own interpretation of the law. So the ATF unilaterally decided that bumpstocks were now illegal machine guns and needed to be turned into federal agencies or destroyed. This case made it all the way to SCOTUS, then the bumpstock ban was overturned.
In the above example, the ATF attempted to leverage Chevron to interpret a law that did not directly touch on bump stocks (because their creation came far later than the initial acts signed into law). So rather than congress crafting updates or new laws that outlawed these bump stocks as machine guns, the ATF got to basically side step this process, directly craft their own interpretation of the law, and make illegal bumpstocks without congress.
The issue with this is that these regulatory arms of government, which are in place to advise congress, and to enforce current laws, are now acting as defacto lawmakers, which sidesteps our legal and governmental process.
We have seen many cases in firearms, diesel trucks, and more where these federal agencies are making decisions that impact millions or Americans without any way to "fight back". At least with a traditional lawmaking process, congress has to be part of it, which means elected vs hired bureaucrats.
The turning over of Chevron does absolutely nothing to previous interpretations of the law, and any case that was decided on, or leveraged Chevron doesn't get to come back unless there are new details that have emerged in which the lawsuit could be attempted from a different direction. If nothing else, the overturning of Chevron won't necessarily grant us more freedoms, but it will reduce the amount of whiplash from federal agencies interpreting laws, changing things, then fighting through the courts, to potentially get overturned.
I'm eager to see how things change in the coming years with Chevron getting overturned.
As an example, the ATF recently attempted to outlaw bump stocks, siting that they are effectively machine guns and illegal because of the ATF's own interpretation of the law. So the ATF unilaterally decided that bumpstocks were now illegal machine guns and needed to be turned into federal agencies or destroyed. This case made it all the way to SCOTUS, then the bumpstock ban was overturned.
In the above example, the ATF attempted to leverage Chevron to interpret a law that did not directly touch on bump stocks (because their creation came far later than the initial acts signed into law). So rather than congress crafting updates or new laws that outlawed these bump stocks as machine guns, the ATF got to basically side step this process, directly craft their own interpretation of the law, and make illegal bumpstocks without congress.
The issue with this is that these regulatory arms of government, which are in place to advise congress, and to enforce current laws, are now acting as defacto lawmakers, which sidesteps our legal and governmental process.
We have seen many cases in firearms, diesel trucks, and more where these federal agencies are making decisions that impact millions or Americans without any way to "fight back". At least with a traditional lawmaking process, congress has to be part of it, which means elected vs hired bureaucrats.
The turning over of Chevron does absolutely nothing to previous interpretations of the law, and any case that was decided on, or leveraged Chevron doesn't get to come back unless there are new details that have emerged in which the lawsuit could be attempted from a different direction. If nothing else, the overturning of Chevron won't necessarily grant us more freedoms, but it will reduce the amount of whiplash from federal agencies interpreting laws, changing things, then fighting through the courts, to potentially get overturned.
I'm eager to see how things change in the coming years with Chevron getting overturned.
I spoke with a lawyer friend about this. Basically, any case where Chevron was used as a defense can be re-tried in appeals given that they are still within the timeframe to file an appeal. Older cases may be S.O.L. unless there are other reasons to bring the case back to court.
Either way, the Chevron ruling definitely puts a rope around the necks of all these federal agencies that exceeded their authority of enforcement. I know the BATFE is going to take a bunch of kicks directly to the nutsack in the coming months. That makes me happy.
Either way, the Chevron ruling definitely puts a rope around the necks of all these federal agencies that exceeded their authority of enforcement. I know the BATFE is going to take a bunch of kicks directly to the nutsack in the coming months. That makes me happy.
OLEJOE
Well-Known Member
I’m sure CARB and EPA will as well.
CaptainMike
Well-Known Member
This is my thought as well. It's one thing to violate the provisions of a law/act, it is another to be cited, tried, sentenced and punished by an unelected and largely unaccountable agency for an administrative interpretation of said law/act. There are many shades of gray in the latter scenario, and I believe that's what the SCOTUS is referring to with their judgement.
It was my understanding it was more about the arbitrary rulemaking (defacto laws like the AFT bumpstock ban) and egregious fines (mostly EPA) levied without due process.
That said, the EPA is just going to drag people to court regardless and bankrupt them unless they receive pro bono representation from defense groups.
Unless a new administration can reign them in (doubtful), the rest of the Alphabet boys are still gonna alphabet until the people revolt.
100% they're going to keep the status quo. The good thing is anything they try to do now will be immediately met with lawsuits. Like the FPC and GOA are doing to the BATFE. Only now they don't have Chevron to fall back on. And judges are starting to rule in favor of APA violations.
Unfortunately things won't change until these agencies are held accountable for rights and law violations. Zero repercussions. They know it, which is why they don't care about creating these "rules". We need these agencies to pay big time when they lose in court.