March 15th, 2024
Advancing American Freedom led an amicus brief with over 20 other amici in KC Transport v. Secretary of Labor, a case in which Mine Safety and Health Administration (MSHA) has claimed that KC Transport, a trucking company, is a mine because its trucks sometimes transport coal, and in which the D.C. Circuit Court applied its own version of Chevron Deference by giving the agency the opportunity to reinterpret the statutory language without any requirement that it come to a new or more accurate interpretation.
“Trucks are not mines and truckers are not miners,” said J. Marc Wheat, AAF General Counsel. “This case is one of many in which Chevron Deference has eroded the constitutionally mandated separation of powers by allowing agencies to exercise both legislative and judicial power, largely unchecked by the judiciary. Advancing American Freedom eagerly awaits the Supreme Court’s overruling of its unconstitutional Chevron doctrine which has enabled the expansion of the administrative state at the expense of constitutional separation of powers, a bulwark of liberty.”
You can read the full amicus brief here.
