Among incredibly stupid court opinions, overturning Chevron takes the cake
The US “Supreme” Court has just issued an opinion that would overturn Chevron v Natural Resources Defense Council, ensuring more government gridlock and casting activist judges in the place of career scientists to decide specific answers to some of the most crucial questions of the day, such as those related to climate emissions and other environmental issues.
Among many incredibly stupid opinions the court has issued recently, this is among the stupidest, and we’re going to go into why.
Just two days after issuing an opinion that would legalize the kind of corrupt bribes that they themselves have taken, and one day after once again ignoring the Clean Air Act and claiming that the federal government can’t regulate interstate emissions, the Court issued an opinion today in Loper Bright Enterprises v Raimondo that would invalidate a previous ruling, Chevron v Natural Resources Defense Council.
The original Chevron case was actually decided in favor of Chevron. Reagan’s EPA, which at the time was administered by Neil Gorsuch’s mother, Anne Gorsuch, had attempted to ease regulations on oil companies, which NRDC sued over. The court decided that the EPA’s interpretation would stand, giving Anne Gorsuch and the oil companies a big win.
The Chevron case created what’s called “Chevron deference,” which means that when a law is unclear in its details, courts should defer to reasonable interpretation of professionals in a government agency as to what those details mean. This doesn’t mean that agencies can make it up as they go along, just that they can fill in the blanks left by Congress.
In the last four decades, this ruling has become the foundation of much of administrative law in this country.
After all, legislators in Congress aren’t scientists, so will often pass a law saying something like “the EPA should regulate harmful air pollutants,” and leave it up to the EPA to decide what pollutants those are and how they should be regulated, and how those regulations should change over time.
Judges also aren’t scientists, so it’s reasonable for judges to defer to interpretation by professionals who have a lot of data and take a lot of time to craft specific regulations when they are told to do so by the legislature. In the course of crafting and updating those regulations, things will come up which were not anticipated by Congress, and someone needs to make that decision.
Agencies like EPA or NOAA, who work with some of the world’s most respected climate scientists, are a great place to go to find up to date recommendations and answers to those questions. And Chevron deference is what has allowed these agencies to work properly for the last several decades, and is what ensures they can continue to work as we confront climate change, the largest problem humanity has ever caused.
This sort of deference is essentially necessary for effective government. And any lawyer or law student can tell you how important it has been in establishing the last several decades of administrative law.
And it has benefitted electric vehicles, for example by allowing the EPA to set emissions rules that will save lives and money, or allowing the IRS to tweak guidance on the EV tax credit to make accessing it easier for consumers.
Without Chevron deference, it would mean that reasonable rules to smooth out implementation of laws can be challenged and reinterpreted by individual judges who are ignorant of the issues involved – and plaintiffs, likely in the form of a big polluting company who wants to skirt regulations to harm you more, can go forum shopping to find a specific judge who they know ahead of time will rule in their favor and against the public interest.
To be clear, Chevron deference only applies to situations where law is ambiguous, and where the agency’s interpretation was reasonable and arrived at through proper government processes – adhering to public comment requirements and the like. If an agency interpretation is arbitrary, it could still be thrown out. This is all covered in the Administrative Procedure Act (APA) and in previous court rulings narrowing Chevron.
Court’s opinion creates more gridlock, is “dictatorship from the bench”
But now, in the court’s opinion, the foundation of administrative law in this country for decades should all be gone. In Raimondo, the court opined on the validity of an NOAA regulation on the fishing industry. Lower courts in fact did not rely fully on Chevron deference in their rulings, finding that the statute was not ambiguous in the first place. But the Court took this opportunity to opine on Chevron anyway, despite its limited applicability to the facts of this case.
Under the Court’s opinion today, rather than unbiased career scientists weighing in on complex issues and helping to fill in the blanks that Congress didn’t anticipate or understand, that responsibility would now lie in the hands of oft-ignorant politically-appointed judges. These judges will be called on to make decisions on the suitability of specific regulations in any number of fields they are not qualified in: air quality, technology, labor regulations, tariff policy, farm subsidies, housing development, privacy, and many more issues that they know nothing about.
In short, it means more gridlock of the type Americans hate, and it means more “activist judges” that everyone claims to dislike. Even in the ideal situation envisioned by defenders of today’s decision, where a non-gridlocked Congress is able to quickly answer any agency question with a new law that the body comes together to agree upon, there will still be ambiguities and inefficiencies from having to consult another non-professional body for ambiguous scientific questions.
If you were tired of government waste and inefficiency, bogged-down court systems that take years to get anything done (in direct violation of the 6th amendment), then boy howdy, guess what’s coming next.
You know that “legislating from the bench” you’ve heard of? This is it, explicitly. The Court has opined that it should have final responsibility for crafting each and every regulation, even if it’s on a topic they know nothing about (or worse, maybe it’s a topic they have a direct personal interest in, and yet will rule on anyway).
It also means less participatory government. Agencies already were not allowed to go off script and make up whatever they wanted. Deference was only given if their interpretations were reasonable, were related to a question not answered explicitly in the law in question, and were arrived at after seeking comment from stakeholders (the public, industry, scientists, and so on). The Court could already throw out unreasonable interpretations or ones that engaged in arbitrary & capricious rulemaking (or the Court could just make up their own nonsense, as they’ve done before).
Now, the Court has officially interposed itself in front of the public and its elected officials in both the executive and legislative branches. Instead of voters, scientists, trade and public interest organizations, unions, and so on having a say, now it’s just an unelected court who will have their way – five of whom were appointed by people who lost their respective presidential elections, by ~500 thousand and ~3 million votes respectively.
Worse than “legislating from the bench,” this is a dictatorship of the bench. The bench has decided that theirs is the entire purview of both the executive and legislative branches.
And it was just waiting for a case where it could do so – because Neil Gorsuch (another illegitimate appointee, who wrote his own concurring opinion today) has wanted to overturn Chevron for a long time. He pre-judged this case long ago, well before the specifics of this case came along, and has just been waiting to implement his judgment. This is generally considered a violation of jurisprudence.
As has often recently been the case, the court shows complete ignorance of not only the legal and governmental issues that their opinion will cause, but ignorance of their own recent actions. Take this choice quote from today’s opinion:
Chevron insists on more than the “respect” historically given to Executive Branch interpretations; it demands that courts mechanically afford binding deference to agency interpretations, including those that have been inconsistent over time, see id., at 863, and even when a pre-existing judicial precedent holds that an ambiguous statute means something else, National Cable & Telecommunications Assn. v. Brand X Internet Services, 545 U. S. 967, 982. That regime is the antithesis of the time honored approach the APA prescribes.
In this passage, John Roberts claims that agency interpretations are deficient because they are “inconsistent over time.” Nevermind that agency interpretations are necessarily inconsistent, given that the world and technology changes (e.g., as technology advances, more efficient vehicles become more practical and therefore tighter emissions limits become possible), but Roberts ignores his own court’s inconsistency on all sorts of matters in this passage.
His opinion would invalidate several decades of administrative law, and has left lawyers today wondering how it will even be possible to do their job with this grenade thrown right into the center of the field.
If a government body should have its toys taken away for inconsistency, then what Roberts is arguing here is that he himself should be ignored.
In that part of the opinion, at least, we agree. Roberts and his illegitimate court are the antithesis of effective government, and are not working in the interest of law and order or in favor of the public. Their opinions should be treated as just that – opinions, from private individuals who are clearly not interested in law or government.
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Yolo County, California depends on its climate for continued agricultural success. As such, the county’s leaders are taking environmental stewardship seriously by aiming for full carbon neutrality by 2030. To help achieve that goal, they’re putting zero-emission machinery like the Volvo DD25 Electric compactor to work.
We got our first chance to sample the DD25 Electric at Volvo Days last summer, where the all-electric tandem roller’s vibrating drums impressed dealers and end users alike. It was no surprise, then, that when Yolo Country fleet superintendent, Ben Lee, when shopping for a compactor the DD25 Electric was high on his list.
“The DD25 Electric will help us achieve our goals in several ways,” explains Lee. “By reducing emissions, lowering noise levels, being more energy-efficient, improving working conditions and promoting environmentally friendly practices … we’ll use it to compact soil, gravel and other base materials for road and foundation projects, as well as rolling out and leveling asphalt during road construction and resurfacing.”
To help Lee handle those various projects, the Volvo’s drum frequency can be adjusted from 3500 vpm (55 Hz) to 4000 vpm (67 Hz) to cater to different applications and materials.
The DD25 Electric offers other benefits, as well – like a 20 kWh 48V battery that offers up between six and eight hours of continuous operation. That’s could be several shifts in the kind of conditions Yolo’s work crews will encounter, meaning it will only have to get put to bed (Volvo recommend overnight AC charging) two or three times a week.
Getting power to the compactor, too, is something Yolo is considering. “There are some remote areas in the county, so we’re looking into a mobile, self-contained charging unit as well,” explains Lee, apparently referencing the Volvo PU130 mobile battery. “So we wouldn’t have to bring the machine back to the yard each night during a long-term project.”
Yolo County views electric equipment as an essential step in reducing emissions and energy consumption, especially as communities work towards stricter regulations and sustainability goals.
Electrek’s Take
This press release came to us ahead of the devastating wild fires in Southern California that are dominating headlines right now – so much so that I effectively sat on the news for a few days, debating whether or not we should even be talking about a California news story that isn’t about the fires right now.
But I realized: this story is about the fires. Climate change driven by combustion and carbon emissions is driving climate change and that’s making fires like these possible … and I should have run it sooner.
SOURCE | IMAGES: Volvo CE.
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Kubota came to this year’s CES with a sprawling display filled with electric equipment, hydrogen gensets, and an onslaught of commercial robots ready to mow, farm, dig, and build. If you weren’t impressed by Kubota’s display this year, you weren’t paying attention.
Kubota gave us a sneak peek of its KATR farm robot – itself a smaller, updated version of last year’s New Agri Concept – before the doors officially opened last week. Kubota’s robotic farm buddies promise to be able to quietly and autonomously haul stuff from one end of the farm to another, or pull carts and specialized implements along predetermined paths.
KATR uses self-leveling technology and active suspension to ensure its cargo deck stays level when working on the sort of uneven terrain found on farms or construction sites.
That doesn’t mean the New Agri Concept is dead, though. Agri Concept 2.0 debuted as an electric tractor concept offering AI-powered automation and a fully electric powertrain. The new version features a Lite Brite-style “grille” that it uses to communicate its current mode, direction, and other important information with the people it shares a job site with.
On the more practical side, Kubota showed off its KX38-4e Electric compact excavator. First shown in overseas markets in 2022, the KX38-4e Electric features a 49.2 kWh lithium-ion battery that’s good for up to five hours of continuous operation. More than enough to complete a typical day of work on a construction site when you factor out idle time.
An onboard DC fast charger means it can be quickly recharged between shifts, too. But when there’s no grid power on the site, charging can be a challenge. That’s why Kubota has hydrogen genset for zero-emission on-site power generation.
Looked at individually, each of the new electric Kubota products on display might be impressive. The real magic, though, is in the way the Kubota machines work together as a holistic job site or farm solution.
“At Kubota, we believe that truly listening to our customers drives innovation in every aspect of what we call the ‘Work Loop’,” explains Brett McMickell, Chief Technology Officer of Kubota North America. “The Work Loop — an essential cycle of assessing, analyzing, and acting — has always been fundamental to effective task management. With the integration of advanced sensors, AI-driven analysis, networking protocols, automation, and robotics, we are enhancing this cycle to be more seamless and efficient than ever before.”
That was obvious in some of the more thoughtful implements and attachments on display, including a Smart Plant Imager that uses advanced robotics and “hyper-spectral imaging” cameras to capture real-time data and insights on a plant-by-plant level – as well as a Smart Autonomous Sprayer and Robotic Pruner that that classifies buds and canes based on position and fruiting potential, it optimizes production precision and accuracy.
The more you look, the more impressive Kubota’s farming solution gets. “We will continue to learn from many of our customers across segments to iterate the next product and technology solution that will help them manage tomorrow’s challenges and grow their businesses,” McMickell added. “This is how Kubota works to make a better quality of life for individuals and society.”
There was more, of course. Autonomous versions of the company’s electric zero-turn mower with GPS-powered route memory, fun accessory baskets for the robots, even a weird, jet engine looking thing that I forgot to ask about (below). I was genuinely impressed, in other words, and can’t wait to see what Kubota comes up with next year.
Kubota CES2025 | more photos
Original content from Electrek.
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The e-bike industry has stalled a little bit in terms of features, and with harsh new legislation coming in from places like California, maybe it is time to start looking at e-bikes that are light, efficient, and smooth rather than how much wattage they can output. The Tenways CGO 600Pro, which comes in at just 37 pounds, is a model e-bike you should keep an eye on…
The CGO 600Pro comes in 2 flavors: a carbon belt single-speed version that Micah reviewed and this one, which is a chain and 8-speed Shimano gears. The belt drive is going to win out on simplicity and weight but if you are expecting to get close to the ‘class 1’ top speed of 20mph or need to go up some significant hills, you’ll want to opt for the chain/gear version here.
One thing I love about this bike is the tradeoff decisions. These keep the price low and weight down while still providing a great ride. The spec sheet overall is solid but not top-shelf.
Tenways CGO600 Pro tech specs (chain/geared version)
- Motor: 350 Watt rear hub motor with 45 Nm of torque
- Top speed: 20 mph (32 km/h)
- Range: Claimed up to 53 miles (85 km)
- Battery: 36V 10Ah (360 Wh)
- Weight: 37 lb (16.8 kg, over 40lbs with fenders, kickstand, etc)
- Frame: 6061 aluminum alloy
- Tires: CST Puncture-proof 700*45C-size Tires
- Brakes: Tektro dual-piston hydraulic disc brakes
- Gearing: Shimano 8-Speed Claris
- Extras: Compact LED display, 4 pedal assist levels, slim fender set, kickstand, internally routed cables, LED lighting, removable battery, Tenways app integration, torque sensor, four color options
No Throttle?
Note that as a class 1 e-bike, neither belt/chain version has a throttle. While this may be controversial to some, it not only simplifies the bike, it makes it a Class 1, which will be legal in the most places. I tend to think of no throttle as a “foot throttle” and for the commuter application, this will serve well. Would I appreciate a throttle on a hill start? Perhaps.
The idea of this bike is to just enhance your pedal bike experience. You are going to get some exercise on this bike versus a bike that is a glorified low-power moped that runs on throttle with vestigial pedals.
More importantly, the torque sensor here is phenomenal; I mean, it is probably the best torque sensor I’ve ridden connected to a rear hub motor. The acceleration is smooth and strangely powerful for the 350W/45nm motor. Significant hills are a breeze, and this is one of the few bikes where I forget that I’m using an e-bike sometimes (until I look down and I’m going 20mph with little effort). Hills are also where the gearing really helps.
The tires are also the perfect size for a commuter with puncture resistance and treads that will do OK in rain and snow.
The bike itself is also very stealthy in terms of showing that it is a powered e-bike. The small 36V, 10Ah battery is integrated magnificently into the narrow downtube of the bike. All of the cables are integrated into the bike frame for a super-clean look. The rear hub motor is small but packs a punch. Many people won’t even recognize this as an e-bike. While I’m proud to be riding an e-bike around, perhaps some people would like to keep that on the down-low.
Brakes are great with hydraulic Tektros clasping against 160mm rotors in front and back. It is such a light bike that stopping can be jarring.
Assembly was super easy and took about 30 minutes with the included tool set. The battery came about 40% charged but was ready to go within a few hours with the 3A charger. Shoutout to Tenways for using a water-resistant standardized barrel charger adapter and not some proprietary adapter so that I can use one from another bike when I inevitably lose it.
Electrek’s take
The Tenways CGO600 is a fantastic light, clean, stiff and smooth e-bike that I have 0 reservations about recommending. While the battery and motor are small, they power the light bike admirably and for around 50 miles (your mileage will vary).
Currently there is a $200 off promotion code “HAPPY2025TW” at checkout bringing the CGO600Pro down to $1399 which is an amazing price for this bike:
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