Comment Re:How Does He Expect That to Happen? (Score 1) 153
A federal judge in California has ordered the U.S. Environmental Protection Agency to strengthen regulations for fluoride in drinking water
I thought the Supreme Court's ruling on Chevron deference meant that executive agencies are virtually powerless to set regulations.
No, executive agencies have been regulating since well before Chevron deference existed. Chevron deference allowed agencies' interpretations of statutory ambiguities to be presumed authoritative as long as they were "reasonable." Now, we're returning to Skidmore deference, which asks whether they are "persuasive." In either case, agencies are still expected to regulate and, if empowered specifically by statute to do so, they can still interpret ambiguities with impunity. Anyway none of that even matters because this case did not involve Chevron deference.