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Settlement, it said it was pending, assuming the government would issue regulations that would sort of codify the spirit of the settlement into formal rule making. that never happened. within the administration in the past 20 years. this administration is doing it. what they are hoping is they can nullify the settlement and set th their own rules. >> sorry to jump in, but haven't they tried that? didn't they try that two months ago and got rejected? >> that's a very good point. this is going to be a rule making. they're going to sort of call the court's bluff here. they're saying, once we prop...

Text structure, history, as reflected in the footnote nine, then it is impermissible, but otherwise, if there is a gap in the interpretations under the chevron doctrine, it is upheld. >> then when you talked about interpreting the statute, agency rule making. >> ordinarily it will be in agency rule making, or at least often. >> and there is an exception, correct? four major cases? what is the exception? for the rules of major economic or social significance, the supreme court has long made clear that the deference to the agency's will not apply in those cases. we expect congress, in the words ...

Delegated too much of its responsibility to the executive branch by giving them this deference and rule making. and the broader and more vague at the congressional delegations are, the greater the opportunity for the executive to simply write a law through rule making's. so it is a very significant issue. a further question i have is -- and i know you have also been asked this earlier. is there a point at which congressional delegation can be so broad as to be unconstitutional? for example, one of the examples you are given earlier, creating another group and saying we are going to have them b...

Things happening through rule making, that is reversing the obama administration's policy when it comes to emissions on cars in a major way and also allowing the sale of health insurance plans that undermine the rules of obamacare and these are things that are happening on their own but not getting the attention. >> well, yeah, and i think trump administration actions are going to escalate as congress calls it quit bes sides trying to fund the government this fall so there's a distance between rudy giuliani's argument by saying we can't focus on anything else. and if mueller tried to subpoena ...

Republicans. sorry. go ahead. >> i wanted you to respond if you could for the cafe standards rule imposed today. 20 state attorneys general that put a civil suit. the administration, part of their complaint. they say weakening the standards but the health of the children, the communities at risk and it increases rising cost of the climated change fur our state. the administration response is what? >> that the reporting that we were reversing the obama era fuel efficiency standard and preemptiving and what the e.p.a. released yesterday was a notice of the proposed rule making. not a final rule....