Can you not? Are you sure? Honest question. It seems wrong to me, but if you have evidence that’s true…
You can sue anyone at any time and for any reason, but that doesn’t mean you’ll prevail. Chevron Deference basically says that unless the agency is actually violating legislation, the courts must defer to the agency’s expertise. Even if the agency’s rule is counterproductive (NHTSA’s CAFE standards) or overtly hostile to the public interest (FCC overturning Net Neutrality under Ajit Pai’s leadership), the courts can only rule against them on the basis that they are violating legislated law.
You can sue anyone at any time and for any reason, but that doesn’t mean you’ll prevail. Chevron Deference basically says that unless the agency is actually violating legislation, the courts must defer to the agency’s expertise. Even if the agency’s rule is counterproductive (NHTSA’s CAFE standards) or overtly hostile to the public interest (FCC overturning Net Neutrality under Ajit Pai’s leadership), the courts can only rule against them on the basis that they are violating legislated law.