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Afternoon Brief: End of Chevron Deference Could Cause Wine Chaos

Afternoon Brief: End of Chevron Deference Could Cause Wine Chaos

https://wineindustryadvisor.com

Gino L. Filippi

Vintner, Agricultural Pool Member, former City Council member

2w

Certainly many possibilities. Before the SC overturned the 40 yr old Chevron case, "unelected" govt agencies were allowed by the court to decide how to interpret loosely worded laws. As long as it was "reasonable" they had the legal leeway to implement as they saw fit, and at times, it was almost as they wrote and passed the laws themselves. Some federal laws that affect water management interpreted by non-lawmakers are: the federal Endangered Species Act, the 1992 Central Valley Project Improvement Act, the smelt and salmon Biological Opinions, and operations of our federal Central Valley Project. My understanding is this decision is unlikely to influence how CA courts defer to CA agencies. CA courts have their own rules for giving weight to state agency interpretations of state law, known as “interpretive rules.” That said, CA will have a much harder time alone, and won't be as strong without its federal partner. I'm aware that several CA water boards & (other govt agencies) have often been acting unilaterally, and when questioned, their own interpretation has been put above actual laws & rights. This hopefully would stop that from happening when they are taken to court.

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