But doesn’t a lot of this come down to “ambiguity” in statutes which can be attributed to lack of technical expertise. In the example of you make is there a difference between:
Congress saying the agency is responsible for ensuring drinking water is safe vs the agency is limiting heavy metals in drinking water? If a statute says the agency is responsible for regulating drinking water safety including, but not limited to, heavy metal levels can they also regulate microplastics?
If ambiguity is at play doesn’t that require congress to provide more technical definition to some degree?
It’s crazy it goes to the courts. In an early published ruling Gorush’s ruling was talking about the compound of laughing gas because he confuse it for an air pollutant…
It depends on how they wrote the law, the destructive device rule is fairly good imo as it both covers the things congress wants and anything that is using a different name for the same result and gives the attorney general the ability to exclude things for sporting only.
(4) The term “destructive device” means— (A) any explosive, incendiary, or poison gas— (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses; (B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and © any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled. The term “destructive device” shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 7684(2), 7685, or 7686 of title 10; or any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes.
