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Thread: Will Chevron Deference rein in the ATF

  1. #11
    From the internet:

    "Urging the justices to hear the case, one of the challengers, the North American Coal Corporation, acknowledged that the issue of climate change and how to address it has “enormous importance,” but the company stressed that “[t]hose debates will not be resolved anytime soon.” What the court should resolve, it continued, “as soon as possible is who has the authority to decide those issues on an industry-wide scale — Congress or the EPA.” Unless the justices weigh in, the company warned, “these crucial decisions will be made by unelected agency officials without statutory authority, as opposed to our elected legislators.”"

  2. #12
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    Quote Originally Posted by 5pins View Post
    So you are saying the statutory definition is different the their definition of the statute? If I'm an agency with the authority to change the interpretation of a statute then am I not changing the definition of the statute?
    You were getting hung up on their use of definition in the CFR.

    ATF “definition “in the CFR is not a statutory definition it is their interpretation of what doesn’t doesn’t fit in the box outlined by the statutory definition.

    The question here is more akin to does a 12.5 inch stick fit in a 12.1 x 12.1” box ?

    A strict interpretation would say no, a broad interpretation would say yes because it fits in diagonally.

    But no one is changing the size of the box.

  3. #13
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    Quote Originally Posted by HCM View Post
    You were getting hung up on their use of definition in the CFR.

    ATF “definition “in the CFR is not a statutory definition it is their interpretation of what doesn’t doesn’t fit in the box outlined by the statutory definition.

    The question here is more akin to does a 12.5 inch stick fit in a 12.1 x 12.1” box ?

    A strict interpretation would say no, a broad interpretation would say yes because it fits in diagonally.

    But no one is changing the size of the box.
    I think the difference is where an administrative agency is gap-filling (like they were in Chevron), and when the agency is trying to change the definition of a term that is already defined by statute.

  4. #14
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    Quote Originally Posted by joshs View Post
    I think the difference is where an administrative agency is gap-filling (like they were in Chevron), and when the agency is trying to change the definition of a term that is already defined by statute.
    Gap filling is a great description.

  5. #15
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    Quote Originally Posted by joshs View Post
    I think the difference is where an administrative agency is gap-filling (like they were in Chevron), and when the agency is trying to change the definition of a term that is already defined by statute.
    Especially when, in order to do so, they have to basically assert that the meaning of automatic is whatever the party says it is.
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