Guy whose salary depends on not understanding stuff chooses not to understand stuff...news at 10.
Technology is about to accelerate. Because Chevron deference is over
11–20 of 43 posts
Re: Technology is about to accelerate. Because Chevron deference is over
#12This argument hinges on the premise of regulators not being able to make up new rules anymore. However this isn't the case, they can still do that. The difference is now you can more effectively challenge those rules in federal courts. But to challenge regulators in federal court will still require a lot of legal resources, which means small guys will still be effectively bound by the rules but large companies will b…
You don’t have to have a regulation be declined by the courts. You just need a court to more easily issue months-long stays on a given executive action.
My concern with all of this is that a handful of courts will see this as an opportunity to get trigger-happy with issuing stays on executive agencies, causing a complete deadlock with any new law.
Re: Technology is about to accelerate. Because Chevron deference is over
#13This argument hinges on the premise of regulators not being able to make up new rules anymore. However this isn't the case, they can still do that. The difference is now you can more effectively challenge those rules in federal courts. But to challenge regulators in federal court will still require a lot of legal resources, which means small guys will still be effectively bound by the rules but large companies will b…
I think the counter point to that is that we have think tanks and political organizations who have rich donors with which to hire high power law firms, who find the regulation they want to axe, and then search the country for a case with standing and then pursue those cases until the regulation dies.
You are right that it won’t be the little guys doing this, but they might be represented by very powerful organizations who take down laws professionally and are doing so for their own benefit. And with the way politics has entered everything, who knows which things will be targeted next, or what new cruelties they care to inflict.
At the same time, again due to the current political climate, it doesn’t do us any good to have all the rules thrash back and forth with each new administration. This is what we get as we get more and more polarized and laws aren’t being written with compromise. Congress and elections need serious reform.
Re: Technology is about to accelerate. Because Chevron deference is over
#14It's important to note that balajis is anti-regulation, so his bias points out all the downsides of Chevron while ignoring the benefits.
What were the benefits? The problem I have with the system is that if there was some concept that 'needed' to be regulated, there's absolutely nothing stopping Congress from doing so. In fact there's also nothing stopping various regulatory agencies from doing so. But Chevron deference essentially removed the check-and-balance that the judicial system provided, in cases where regulators may have gone beyond their leg…
Congress could have issued a law in the last 40 years —- where there were opportunities for both political parties —- clarifying this if the legislative branch disagreed.
…if we’re going along with the logic this court has been working with here.
Re: Technology is about to accelerate. Because Chevron deference is over
#15The examples are so horrendous I thought it was satire. I can’t wait for genome, cryptocurrency, and nuclear power startups to “move fast and break things” and screw up so badly and remind us why we had these regulations to begin with.
The NRC (and most other regulatory bodies) predate Chevron deference, so you should count on them sticking around and still doing their thing. A nuclear startup could try taking them to court to circumvent all their rules and build naked nuclear piles in residential neighborhoods or something, but even if they got a federal judge to go along with that, it should be an easy political win for legislators to smack it down with some new more specific laws.
And although the regulatory interpretation of those laws could also be challenged in court, successfully doing so shouldn't be considered a given. Judges generally do have some sense you know, as a class they decide important matters in boring uncontroversial ways across the country every days. The controversial outcomes that make news cycles are newsworthy specifically because they're unusual.
Re: Technology is about to accelerate. Because Chevron deference is over
#16I find it interesting how the culture in the US is to chastize China for its "anything goes" policies when it comes to entrepreneurship, while simultaneously lamenting how regulation kills innovation. You kind of can't both say "damn those Chinese for not respecting IP and stealing my hard work" and also "I don't want regulation, I want to be able to do whatever I want". Or do you not consider IP protection laws regu…
"US culture" is not one person and comprises of many people who frequently disagree with each other vehemently.
"US culture" simultaneously says that baseball is better than football and football is better than baseball. That's not a contradiction because it's different people saying those things.
Re: Technology is about to accelerate. Because Chevron deference is over
#17The examples are so horrendous I thought it was satire. I can’t wait for genome, cryptocurrency, and nuclear power startups to “move fast and break things” and screw up so badly and remind us why we had these regulations to begin with.
The NRC (and most other regulatory bodies) predate Chevron deference, so you should count on them sticking around and still doing their thing. A nuclear startup could try taking them to court to circumvent all their rules and build naked nuclear piles in residential neighborhoods or something, but even if they got a federal judge to go along with that, it should be an easy political win for legislators to smack it do…
> it should be an easy political win for legislators to smack it down with some new more specific laws.
Which is a lengthy process and relies on Congress actually being effective and free of corruption, which they aren't.
Re: Technology is about to accelerate. Because Chevron deference is over
#18It's important to note that balajis is anti-regulation, so his bias points out all the downsides of Chevron while ignoring the benefits.
It is even more important to note that the relationship between Companies and Regulators is not always confrontational. Our interests align more often than not (anecdote below). However, regulators occasionally overstep, and this decision allows Companies to challenge such oversteps.
I once ran a chemical plant and we partnered with the state to reduce emissions to single-digit parts per billion levels (from parts per million). They were completely aware that this was a difficult problem to solve, expensive, and technically challenging. They worked with us to get this done in a space of a couple of years, and we quickly reached a point where we could proudly state that we made a difference to my employees and our surrounding community.
When you don't have to pay for something it is easy to ask for more, and an agency led by a partisan could easily do so. Having the ability to challenge this allows us to push back in a structured way.
Re: Technology is about to accelerate. Because Chevron deference is over
#19It's important to note that balajis is anti-regulation, so his bias points out all the downsides of Chevron while ignoring the benefits.
What were the benefits? The problem I have with the system is that if there was some concept that 'needed' to be regulated, there's absolutely nothing stopping Congress from doing so. In fact there's also nothing stopping various regulatory agencies from doing so. But Chevron deference essentially removed the check-and-balance that the judicial system provided, in cases where regulators may have gone beyond their leg…
> if there was some concept that 'needed' to be regulated, there's absolutely nothing stopping Congress from doing so
Theoretically, but in reality there's corruption and partisan gridlock and nothing gets done
Re: Technology is about to accelerate. Because Chevron deference is over
#20I find it interesting how the culture in the US is to chastize China for its "anything goes" policies when it comes to entrepreneurship, while simultaneously lamenting how regulation kills innovation. You kind of can't both say "damn those Chinese for not respecting IP and stealing my hard work" and also "I don't want regulation, I want to be able to do whatever I want". Or do you not consider IP protection laws regu…
"US culture" is not one person and comprises of many people who frequently disagree with each other vehemently. "US culture" simultaneously says that baseball is better than football and football is better than baseball. That's not a contradiction because it's different people saying those things.
Yes, I hear that argument whenever anyone says anything about more than one person. I don't care much for that argument because it basically denies that culture exists by saying "different people have different preferences". Sure, they do, but also it's clearly true to say "the US culture is against regulation" and "the EU culture is for regulation".
Plus, I don't even think it's that hard to find people who dislike regulation but also dislike people copying their intellectual property (for example, every single company ever).