Latest / Ask the Lawyer / 01/18/2024 Legal Insights and Political Discussions with The Peyton Law Firm
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- 0:47the power of Paton on your side, the power of page and good morning.
- 0:53It's eight twenty three on five ad WCCHS the Voice of Charleston. I'm
- 0:57Jeff Jenkins. It's a Thursday morning. That means Harvey Peyton and is here
- 1:00or the Peyton Law Firm in Nitro. And that means that the lines are
- 1:03open for you. Three O four three four five fifty eight fifty eight.
- 1:07Three oh four three four five fifty eight fifty eight lines are open in Harvey.
- 1:12Yes, we do have winter. We do indeed that winter, and
- 1:17it's actually exacerbated in its intensity by the phenomenon of a warming globe. I
- 1:23mean, weather is affected significantly in the sort of the unpredictable dips of the
- 1:33jet stream and the polar of varttax pretty clearly related, at least in scientific
- 1:38analysis, to a warming planet, at least in the northern hemisphere. We've
- 1:44got the effects. But you know, we've seen this before. I was
- 1:46thinking this morning. Can remember when I was a kid, Maybe it was
- 1:49in about nineteen fifty nine or sixty, and that's a long time ago,
- 1:53obviously, that where I grew up on the west side of Saint Albans,
- 1:57right across the road and down the hill was Tacket Creek backwater. It was
- 2:00a backwater of Coal River, essentially created in the mid thirties when the Windfield
- 2:06lock and dams were put in. They backed the river up and the water
- 2:09is only a couple of feet deep, you know, flooded the bottom land
- 2:14down there, and it froze solid. It was so cold without snow that
- 2:19it just the backwaters froze solid, and there were these ice feathers all over.
- 2:23You ever seen that phenomenon all over the ice where the crystallized little bit
- 2:29of moisture was there. You had cold weather drafts moisture out and it was
- 2:34great ice skating and you can walk across cold river. You walk across Canar
- 2:38River on the ice. I didn't do it because I was afraid the ice.
- 2:40But you see, but you saw the Kanar River froze over many times.
- 2:45Oh yeah, yeah, not every year, but yeah, probably,
- 2:47yeah, four or five times in my lifetime. I've seen the Canar River
- 2:52at Saint Albans are out of the ridge froze and so that people were walking
- 2:54out on the ice. And you know, as late as the nineteen seventies,
- 2:58I think the Ohio River froze at the Point Pleasant, which is a
- 3:01pretty big stretch of water. And of course there was you know, in
- 3:07Saint Albans at the time, there was the hot newest subdivision where people my
- 3:13dad referred to as car about millionaires and the guys who all started good hirely
- 3:15jobs and got promotions, moved out of Warden's Park and went out to quote
- 3:20River Lake Estates where there were two little ponds about the size of this building
- 3:24that was the river lakes. But they froze solid. So when I was
- 3:28in high school. You know, it was a big deal. You'd run
- 3:30out there and everybody would skate ice skate on the we weren't you know.
- 3:37The girls were always better than most of the boys at ice skating for whatever
- 3:40reason. On the day, I was up in Chicago once in the park
- 3:46down by the Bean, and they set up a big ice skating rink there
- 3:49in the park right off South Michigan Avenue, and there were a couple of
- 3:53guys that skated for the black Hawks that showed up. Of course, they
- 3:57were big celebrities. You talk about skate Oh yeah, sure, oh man
- 4:01fast and maneuver, and of course the crowd just spread out and watched these
- 4:04guys because they were just phenomenal. So let's put kind of a damper on
- 4:10things here. I hope it doesn't put a damper on the Hunting and Fishing
- 4:13show, which is coming out of the Civic Center. I heard Chris Chris
- 4:15launch his return to the air this weekend. Oh yeah, I heard him
- 4:20this morning and off for five weeks with this hip replacement. I talked to
- 4:24him yesterday and he's all good to go. He'll be back on the Morning
- 4:30News Monday night. That's a really great show folks who haven't been there.
- 4:33And it's more than about just tiding and fishing. It's about the outdoors.
- 4:38You know. There was a gentleman from Saint oh It's named George Lanham who
- 4:42with another group of dedicated hunters and fishermen, was sort of foundational and that
- 4:47show taking place. George's son was in my high school class and George's daughter
- 4:53was a couple of years behind me. We used to go visit George all
- 4:56the time, not because we wanted to see George, because we wanted to
- 4:59see sit. I had his sister who was clearly a box of chocolates.
- 5:04It's a great thing. It's going to be cold, but you've gotta have
- 5:08outfitters from all over Canada the Great Lakes. I think they probably have some
- 5:14African safaris, non hunting safaris, I mean photographic trips that you can look
- 5:17at and book. I of course, if you're a gun enthusiast, it's
- 5:23just the place to be. Knives, I mean, you know, all
- 5:26those things, all those things. I was there for a couple of years,
- 5:29worked to booth for UH Trout and Limited. We had information about trout
- 5:34streams in West Virginia and fly tying and things of that nage. We haven't
- 5:38done it in a while. You can't just you can't do everything right and
- 5:42the pride which reminds me. Next week and probably the week after, there's
- 5:46not gonna be anybody from Peyton Law firm available for asked the expert. I
- 5:50don't know what we're gonna do. I guess Tom's gonna work with Sean to
- 5:54see what happens. We've got to case Tom does to try it down in
- 5:58Cable County, and it's hard to try a major lawsuit. It's just one
- 6:04lawyer. I mean, two heads are better than one if one's a sheep,
- 6:06said right, and he always needs something done. So I'm going to
- 6:11be riding the hard seed or what they refer to a second chair. Does
- 6:15that start Monday? Jerry selections Tuesday? Jerry selection starts Tuesday days. I
- 6:17understand it, And given the number of witness it's probably going to take all
- 6:23next week and maybe the week after and maybe more than that. You never
- 6:27know. Once you start a trial, they take on a life of their
- 6:29end. As you well know. You know we've been sometimes they're shorter.
- 6:31Remember the blanket ship case was how long is this defense gonna last? So
- 6:34I had a hit. I had an inkling that it wasn't gonna last long
- 6:38because I got to know the lawyer that represented blanket Ship pretty well. I
- 6:42mean just in passing and the all the way down there for weeks. Yep,
- 6:47is your defense gonna take any longer than the smoke brake. He's just
- 6:54looked at me in the smiles, so you never know. I know what's
- 6:58gonna They're not gonna put him on. I mean, that's that's made sense
- 7:00under the strategy they had. So the legislature hasn't done much yet with regard
- 7:09to the legal system. You know, the important thing that's coming up this
- 7:13year is not in the legislature. It's at the ballot box in May.
- 7:17The public. They need to be aware. The voters need to be aware
- 7:21that the judges are all up for election, the magistrates. There are I
- 7:26think two seats on the Supreme Court of Appeals that are going to be filled,
- 7:30and they are filled in the primary. This is not one where there's
- 7:33a well, well I'll skip the primary and see who gets the nomination and
- 7:39decide who to vote for in November. No, the field of candidates is
- 7:45the field that people that file. That's a non partisan race, so it's
- 7:50not a Democrat Republican function. It's a little troubling to me. This morning
- 7:57I heard the in view of the fact that we've got judicial elections coming up,
- 8:01is that the Republican State Committee is going to consider on Saturday a change
- 8:07to their party rules which would close their primary to independent voters. Well,
- 8:15you know that's Is it appropriate to do that the first time in a year
- 8:20where you've got juditional elections coming up which are decided in the primary. I
- 8:22mean that discourages Let's face it, I'm a Democrat, born a Democrat,
- 8:30died Democrat. Not going to change. I'm not going to register independent.
- 8:33I mean, I don't have many candidates to vote for in the primary.
- 8:37But I can see where people like me, fairly conservative Democrats not too attuned
- 8:43to the national party line, take a look at the ballot. There are
- 8:46people are if they had a serious race on the Republican side, I would
- 8:48vote for in the primary, just to make sure. It doesn't mean it
- 8:50was get the best candidate you've got, right, So they changed independent to
- 8:56vote in the race that has the most competition. Well, if you say
- 9:03no, the only way you can vote in our primary is cheems to be
- 9:05a Republican and so well, you know I don't want to do that.
- 9:07I don't like the national So you say they would keep those people from voting,
- 9:13Well, it may well suppress those votes. So I have no reason
- 9:16for me to go. There's nobody I want to vote for on the Democrat
- 9:18side. And you know, they could still vote a in a nonpartisan election
- 9:22if they went, but they may they may not go to vote at all.
- 9:26And I think Elgim mccardial said yesterday there are a lot of independents who
- 9:30want to vote for Donald Trump in a primary. Sure, and you wouldn't
- 9:33be able to do that if they would change this, or they may want
- 9:37to vote for somebody anti Trump. You know, you never know right right
- 9:39right, But they want to vote, and it's discouraging as well. You
- 9:43know, your your pickings are limited. You can take a Democrat ballot and
- 9:50then you vote on the non partisan course of that ballotory you can just go
- 9:52inside. I just want the non partisan ballot. Well, that's a pretty
- 9:56fine distinction to make for people who are used to going to the polls and
- 10:01just taking a Republican ballot just because they don't want to identify as a Democrat,
- 10:05but they want to vote as an independent and pick and choose and then
- 10:07vote the non partisan ballot as they see fit without any regard to politics,
- 10:13which this time would be the judges in the school board. Yeah, school
- 10:18boards and judges. Right, you know you don't like to I mean,
- 10:20I'm not a conspiratist, but if you look at this and think, well,
- 10:24what it's going to do is keep more moderate independent voters, maybe more
- 10:31I wouldn't say open minded, but less. I caught a classic voters from
- 10:37the polls and limited only to perhaps participation by the most conservative winging the Republican
- 10:41Party to decide school boards and judicial races. That's not a good thing.
- 10:48I mean, as many people should vote as possible in these judicial races.
- 10:52So we'll see what happens on Saturday. It's Eligiam mccarl I don't know her.
- 10:56She's a lawyer from Wheeling, and some of the things I've heard her
- 10:58say on the in Front I didn't think for very lawyerly, but when I
- 11:05heard her yesterday on Hopey, it made perfect sense. It's a little late
- 11:07in the game, and hear what about people who think, well, I'm
- 11:11going to file for this race on a non partisan basis because I think I
- 11:16have a lot of overall appeal. And you know, there are two hundred
- 11:20and eighty thousand independents out there now that would that would be a Supreme Court
- 11:26race statewide or in my county. Like in Putnam County, there are now
- 11:31fewer Democrats than probably independence register. I went down to Brian Wood, who's
- 11:35a good friend of mine. I'll vote for Brian Wood if I was going
- 11:39to vote for a republic and I'd vote for him for Secretary of State because
- 11:41he's the most qualified person on the ballot. He's actually run some elections and
- 11:45he's not a politician. Well, I said, Brian, is it help,
- 11:48I'd like to work in the polls? Would it be a help?
- 11:52I said, maybe? Not affiliated? So well, not affiliated, it
- 11:54was pretty good because I can send you anywhere that really just stay a Democrat
- 11:58because it's hard to find many more to be poll workers. Which is I
- 12:01mean, a complete reversal. In the forty seven fifth fifty years I've been
- 12:07practicing a law, been around Putnam Cany. There were times in the seventies
- 12:11out at the precincts Atlanta that they couldn't eat. There was there was not
- 12:13a single Republican vote which included the poll workers. You know, we'll see,
- 12:18We'll see what happens. Hopping seem to indicate Harvey and Harvey Payton's with
- 12:22us Peyton Law Ferman Night Show every Thursday morning again the lines open three O
- 12:26four, three four, five fifty fifty eight three oh four, three four
- 12:30or five fifty fifty eighty questions about the law. Harvey Hoppy seeing another Harvey
- 12:33Hoppy seemed to indicate in his in his commentary this morning that there might be
- 12:39some legal problems. There could well be that would be up to the Secretary
- 12:43of State to resolve, I think in his position as chief Elections officer.
- 12:48Whether indeed at this stage after I mean, filing is going to close out
- 12:52here the end of this month, twenty seventh, Yeah, the twenty seventh
- 12:56of January, filings close. Any number of people have all ready filed.
- 13:01I think Charlie Trump did he fil for the I don't know if he has
- 13:03yet, but he's going He's going to file for the seat, I think
- 13:07because Hutchinson is not going to run, right, So that's the I don't
- 13:11know who else is going to file for that seat, but it looks like
- 13:13Charlie Trump. That is the division he's going to throw his hat in on.
- 13:16Will depending on who else might toss their head in the ring. Here's
- 13:22Charlie. He's probably has a lot of appeal to independence. He's been fairly
- 13:28moderate through his career, and he's well educated, you know, and vocal
- 13:31and accessible to the public. It's good information and is it fair to him
- 13:37and say, well, yeah, but there are two hundred and eighty thousand
- 13:39people that were going to maybe keep away from some of those away from the
- 13:41bulls. Who could help you? You got a call, Yeah, Tommy,
- 13:43Tommy, you're with us in Charleston. Tommy, you're on with Harvey.
- 13:46Go ahead, morning Tommy, Good morning, gentlemen. Thank you so
- 13:50much for raising this issue about the independent voter thing. And I look go
- 13:56forward to some clarifications and you know today we will hear more. Right,
- 14:03But let me get on another issue. I understand that there's a proposal to
- 14:11make it a crime to assault or kill a canine officer, you know,
- 14:16the police dog. Well, is this a mom and Apple pie move by
- 14:22somebody because I think it's illegal to do to assault or kill them. Now
- 14:28it is, I said, well, we have statutes with regard to cruelty
- 14:31or uh the manner of which I mean. We had a fellow down said
- 14:35always it was charged with cruelty to animals because a dog that he considered vicious
- 14:41I was in the street and he shot at once and killed it. Well,
- 14:43the ultimate determination was that wasn't a crime because it wasn't cruelty to an
- 14:48animal. That is a mom and pop issue, But at the same time,
- 14:54it's an emotional issue to the police departments. It's an emotional issue to
- 14:58the office who are involved with these animals. The animals are quite valuable.
- 15:05So at the dead minimum, it should be a criminal offense that's accompanied by
- 15:09a significant restitution to whatever entity or facility. When you're talking about well trained
- 15:16police dog ten thousand dollars or more. I mean they have security dogs at
- 15:20the airport. They are like twenty twenty five thousand dollars, So we're it
- 15:24does have that sort of a whiff of playing to the crowd. I heard
- 15:31Mike Stewart, he's you know, ran for the Senate, so he could
- 15:35run for a state wide race. Talking about the band of brothers, well,
- 15:39you know that's not exactly true. The police police are an the agency
- 15:43of the state. They're they're there to protect us and to serve the public,
- 15:50not necessarily to be a band of brothers and operates independently. But it's
- 15:54an emotional issue and I think it'll probably pass. We'll see what the level
- 16:00of punishment. I mean, you can impose all the punishment you want.
- 16:04If enhance punishment service as a turn, there'll be no more child molesters,
- 16:10right, there wouldn't be any kidnapping and first to be murder would cease to
- 16:12exist. And people who commit crimes generally are their crimes of passion or crimes
- 16:18are the spur of the moment. Or somebody who's a fugitive is in the
- 16:25woods, they're hiding, they set the dogs on them, the dogs after
- 16:27them, They pull a gun, they shoot the dog and the which would
- 16:30be generally in human terms, a voluntary manslaughter. There isn't any thought at
- 16:38the time. It's just societal retribution. It makes us feel better, right,
- 16:42It's some staff to put on the wound that the officers and the department
- 16:45and the agency feel when this happens, that's all it is. I can't
- 16:52disagree with you on that, but it's going to pass, and there are
- 16:56some valid emotional and social reasons it will pass. I think it's a law
- 17:03and order issue, which is something that's quite important. All right, Tommy,
- 17:07got it, thank you? Okay, Yeah, I'm gonna go to
- 17:10the break here. But I think I listened to that yesterday and they had
- 17:15some police officers there, and you know, they were talking about, you
- 17:18know, the training and just different things. And I think the bill,
- 17:22I think the way it ended up was it's it's like a two to ten,
- 17:26but that'd be the judge would decide to judge could get probation. I
- 17:30mean, you know what I mean. And so so Mike Stewart wanted a
- 17:33mandatory jail time, but then they defeated that proposed amendment. Well that was
- 17:37that mandatory. Of course, that one is that's political. I mean,
- 17:40he's running for office, right, and his pitch is, I'm the most
- 17:42conservative law enforcement guy here. I was appointed US Attorney by Donald Trump.
- 17:48Look at what I'm going to do in a state where we've got massive overcrowding
- 17:52and are what is what we really need is another mandatory minimum sentence for essentially
- 17:59a crime at the moment. Now, if the judge has got discretion and
- 18:03a person this wilfully that was that was a key word that was argued yesterday.
- 18:07Well, well from once to disable I went, look, yeah,
- 18:11you see, the ask these people who were in a rack in Afghanistan what
- 18:15they wanted, what the Taliban wanted to shoot. They always wanted to shoot
- 18:18the dogs they were trying to get. They would try to lure the handlers
- 18:22into situations where they could shoot them and kill them and kill the dogs because
- 18:26they're valuable, valuable parts of a combat team. I mean I wasn't there,
- 18:33so I don't know, but that's what I understand. So if it's
- 18:36someone who intends to commit a crime or crime wave and say the city of
- 18:41Saint Albans, and they've plot and conspired and willfully kill the two dogs who
- 18:44are that are there so they can traffic drugs without with impunity, then sure
- 18:48the judge may say, well, listen, this has got cyan or you've
- 18:52got planning. There's an evil state of mind. It says two to ten,
- 18:56Well how about five years, my boy, And they're not going to
- 18:57have any prole for this one, and so they're going to serve a minimum
- 19:02of two and a half years. And I think that's a better way to
- 19:07approach it. Yeah, Ryan Weld argued, and I think he's gonna be
- 19:10a talking I'm going to take the break now. But Ran Weld argued that
- 19:14if you put him in jail mandatory, then you lose any chance of retribution
- 19:18to these You could lose any chance of retribution. Institution, Yeah, restitution,
- 19:22Yeah, how they how they going to pay it if they're in jail.
- 19:25Yeah, and to the police departments or whatever. Yeah, correct,
- 19:27Yeah, okay, all right, just take a break. Harvey Payton Payton
- 19:30Law Firm in Nitro's with us. Lines are open. You can call like
- 19:33Tommy did. Three O four three four five fifty eight fifty eight three oh
- 19:37four three four five fifty eight fifty it's eight forty one. This is five
- 19:41eighty w CHS. The more vulnerable among us can fall victim to abuse,
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- 19:51to feel like amaze. Assistance is available from Adult Protective Services to report neglect
- 19:56or abuse, call eight hundred three five two six FI sponsored by the Administration
- 20:00for Community Living, West Virginia, Department of Health and Human Resources, Bureau
- 20:04for Social Services, the West Virginia Broadcasters Association, and this station. This
- 20:08project was supported by the Administration for Community Living ACL and the US Department of
- 20:14Health and Human Services HHS as part of a financial assistance award totaling three hundred
- 20:18eighty three thousand, four hundred ninety three dollars, with seventy five percentage funded
- 20:23by ACLAHHS and twenty five percentage in the amount of eighty five thousan two hundred
- 20:29and thirty six dollars funded by state government sources. The contents are those of
- 20:33the authors and do not necessarily represent the official views of nor an endorsement by
- 20:38ACLAHHS or the US government. Brought to you by City National Bank, where
- 20:44our no down payment mortgage gets you one step closer to getting into your dream
- 20:48home. For a convenient location near you, log onto bank Atcity dot com.
- 20:52Good morning, here's your traffic update. Because of weather conditions, some
- 20:56of the side streets could be slick, so drive safely. Lincoln County.
- 21:00A vehicle crash on West Virginia ten Riverview Avenue and West Virginia thirty seven East
- 21:06Lynn Road in Raleigh County. A disabled vehicle on West Virginia three oh seven
- 21:11that's at one hundred Airport Road, and congestion and delays on I sixty four
- 21:15East at mile marker fifty eight in downtown Charleston. I'm Chapel in the WHS
- 21:21Network Traffic studio. Put the power of Payton on the side. We have
- 21:27the court room experience. Set your need. We never give up. We're
- 21:33prepared to fight for your rides when you need action. Town on us.
- 21:42The power of Payson on your side. The power eight forty four on five
- 21:48eighty w U chs The Voice of Charleston. Three oh four three four five
- 21:52fifty eight fifty eight. Harvey Paytons here at Peyt Law Firm in Nitro three
- 21:56oh four three four five fifty eight fifty eight. And our sock drive is
- 22:00underway, Harves. Indeed, you know I was on the way up this
- 22:03morning in the car when I heard about the sock drive. I hadn't paid
- 22:07attention, so I didn't bring I've got a couple I actually I've got a
- 22:11couple of pairs of socks at home that haven't opened. I got for Christmas.
- 22:18Thought if I had heard about this, I would have just brought them
- 22:18along. I don't need any more, so there should be new socks right
- 22:22in the past, socks in the pockage. So here it is, yeah
- 22:25thorn Her Automotivac to drop your socks, drive through donation. New socks can
- 22:30help folks. Of course Mountain Mission is helping us, or we're helping mount
- 22:33the Mission. Just drive in the parking lot right here eleven mom in Virginia
- 22:37Street East until six o'clock. They've got barrels out there and you can just
- 22:41drive and put the socks in the barrel. Right. I started to pull
- 22:45in the parking lot this morning. I mean I heard the sock drive announcement
- 22:49on the radio, but subconsciously I just thought I was pulling in the parking
- 22:53lot. Well, it's full of because you make a loop. So I
- 22:56was backing up to get in the parking space. A gentleman came out and
- 23:00it's can I help you? So I'm going to oh, you're going in
- 23:03the building. Lokay, you can park here. Uh, it's a really
- 23:07good thing. Union Mission, Union Mission, right, it's Atin Mountain Mission
- 23:11yeah, well, who can do any better? You've got a Unian mission,
- 23:12mountain mission, and people are cold. I mean you forget socks underwear.
- 23:18If you have a jacket or a heavy coat that maybe you've got a
- 23:21couple and you haven't used it or worn it in a few years. It
- 23:23doesn't make any difference to a person who's cold. If it's fashionable. Now,
- 23:27you're not taking those today. All they're taking is sauce new socks.
- 23:33You know, if you're on your way into work, lawyers, if you're
- 23:36doing really well, whiz by Walmart pick up a six pack of uh TJ
- 23:44Mix. I was in TJ Mix last night at six pack. If a
- 23:47high cotton socks or wool socks for less than twenty bucks and bring them up
- 23:51here and drop them off, it would be really meaningful because it is cold
- 23:55and cold, cold, cold. So the United States Supreme Court I wanted
- 23:59to tell briefly. The folks may have heard. It's international news. It
- 24:04will be in the national news more later this year, when the Supreme Court
- 24:07decides, they have a case which they are considering. The point of this
- 24:12case is asking the court to overturn a precedent which has been the law as
- 24:21far as how you interpret the law. Since nineteen eighty four, it's called
- 24:26the Chevron deference doctrine, and that's too complicated to really go into, but
- 24:32it deals with what the power is of the administrative state. Congress can't write
- 24:37a law. They can't write any laws right now, which is how the
- 24:41administrative state has become much stronger to anticipate every question or every interpretation it's going
- 24:48to come up about terminology, implementation and enforcement of a statute. And back
- 24:56in the nineteen eighty one, when Reagan came into office, his had been
- 25:03an environmental protection agency, changed the regulations of that agency about how a source
- 25:08of pollution was defined. They changed it in a manner more favorable to people
- 25:14like Exxon. And so the Exxon preference is essentially or the Exxon difference is
- 25:18a Chevron or Excell it is essentially a conservative win. The Supreme Court considered
- 25:27Chevron's position they had complied with the new regulation and said, well, you
- 25:32know, this agency's qualified. They have the expertise to determine what Congress meant
- 25:37and when they ambiguously used the word source. And so if the if Congress
- 25:41doesn't make it clear and the agency is not unreasonable or arbitrary, then the
- 25:47agency interpretation of the regulation is entitled a difference, which puts a lot of
- 25:52power, as you can imagine, in the hands of UH the Executive branch,
- 25:56who appoint the people that run these agencies. But I think I think
- 26:00it's the most anomalance thing is that the administrator of the Environmental Protection Agency when
- 26:07Chevron was decided was Anne Gorsich, and now her son, Neil is on
- 26:12the Supreme Court and may well vote with the majority to overturn that legal position
- 26:19that from which she and her agency benefited forty years ago. So what is
- 26:25the what would be if they do overturn it, because there's an appeal to
- 26:30what would that do? What would be the well, the position then be
- 26:33that that courts could disregard or would not be bound to give deference to the
- 26:38agency's rulings. They would look at it from what we call Denovo standard.
- 26:42They would take a look at all the you know, the matters that are
- 26:47underlie a particular regulation or the policy that led to the implement of regulation and
- 26:52decided like a court case. Are the courts qualifying and equipped to do that?
- 27:00That's the big doubt. That's what the Supreme Court said back in nineteen
- 27:03eighty four. Look, we can't policy changes, regulations change, and policy
- 27:07change. I mean, the change that Chevron dealt with was because the policy
- 27:11of Ronald Reagan was different from the policy of Jimmy Carter as related to environmental
- 27:17inforced Okay, So if you're thinking, okay, so I'm going to try
- 27:18to so if you're thinking of scales, I'm just you know, trying to
- 27:22think of an analogy here. Thinking of scales. The difference is that the
- 27:26federal agency has the expertise or they have more weight. What they say has
- 27:30more weight has difference. So if this appeal is if that, if the
- 27:37Supreme Court decides the other way, then that kind of more balance is they're
- 27:41absolutely equals and the Court's going to sort it out, right, I mean,
- 27:45and bad cases make bad law. This the issue that's before the Supreme
- 27:48Court right now is in two cases where it is a non issue. These
- 27:52fishing boats have been required for years and years when they fit for certain species,
- 28:00to have an observer on board, a federal observer to make sure they
- 28:06adhere to catch limits because this particular species is subject to overfishing. And that's
- 28:14just the agency says, you have to have a person on board to enforce
- 28:18the catch limits. Then the agency said, and this is a twenty twenty
- 28:22regulations actually came in under the Trump administration, and now you have to pay
- 28:29for them. Not only do you have to take a federal inspector on board,
- 28:32you have to pay for them seven hundred dollars a day for every day
- 28:36they are out on the ship with you. Well, this fella and I
- 28:38think he's from New Hampshire or New Jersey. One of the guys from New
- 28:42Jersey. The other one may be from New Hampshire. So we'll wait a
- 28:45minute. You know, that's not reasonable. I mean, I can understand.
- 28:49We don't mind taking these people with us. They've been with us for
- 28:52years and they watch the catch and we like them doing force these But you
- 28:56know, to pay seven hundred bucks a day, that means that one of
- 28:57these fellas can make as money much for going out with us on the ship
- 29:02as the share of a crewman. Because those people work on shares. You
- 29:04know, how many tons you catch, what you sell? You know it,
- 29:08mate gets a certain share, Chris, So they're making more than my
- 29:11crew is making for riding along watching us catch fish. They the DC Court
- 29:17of Appeals said, well, but the agency is not unreasonable, and the
- 29:22agency is in title of difference, and so you pay it. And some
- 29:26admittedly conservative think tank legal groups represent them, and they've taken the issue.
- 29:34It's clear cut to the Supreme courtl In the meantime, the agency has suspended
- 29:38that rule for payment. So but the case is already in court. It
- 29:44was argued yesterday and from what the court observers say, a think'st in the
- 29:52article in New York Times this morning, as it appears that it's going to
- 29:56be a close call. But certainly or six Thomas Alito seem to be let's
- 30:04toss this. You know, we don't know what's going to happen. Well,
- 30:07there were a solution, of course, what is a solution. Congress
- 30:11can write better laws. Congress could do some work which would be a solution
- 30:15to a whole heck of a lot of the problems we've got right now and
- 30:19to the blossoming Nobody questioned that the administrative state has balloon in America since the
- 30:32nineteen seventies. You've got the Environmental Protection Agency in the thirties, We've got
- 30:37the Securities and Exchange Commission, You've got the Occupational Safety and Health Administration.
- 30:41You've got issues about the qualific classifications for Medicare and Medicaid, what bounce the
- 30:48disability The code of federal regulations would occupy this entire room. And that is
- 30:56really a modern phenomenon. When the country was much simpler, you didn't need
- 30:59that. The theory being politically that the Constitution and the Bill of Rights protected
- 31:10us from the government, but the administrative state came into being to protect for
- 31:17the government, to protect us from big business, industry and monopolies who had
- 31:22so much economic power that they were out what they're out of control. You
- 31:26don't really have a lot of freedom and liberty now somewhere. And I think
- 31:32that the administrative state needs to be rained in. And I think that the
- 31:36Chevron difference gives rise to too much arrogance in some of these agencies. You
- 31:41deal with the EPA about some things, and some of these issues about what
- 31:45constitutes the waters of the United States. And I don't blame I don't find
- 31:49fault with industry for questioning is if you think you're going to get difference and
- 31:52the only standards you have to meet is well, my interpretation is reasonable.
- 31:56What does reasonable mean? It's not just completely if you do a study or
- 32:00two and you like them, and you pick the people who do the studies,
- 32:05and so here's our regulations. We'll see what happens. But if the
- 32:07Chevron deference is overturned, and it's going to be, then we're going to
- 32:15have to find another standard to apply. That's going to say where that create
- 32:17more lawsuits, more legal challenges. Sure will, Sure will, But perhaps
- 32:22it will rein in the eagerness of some agencies to nibble around the very extreme
- 32:29edges and push the outside of the envelope on what their power is, you
- 32:32know, executive orders. It's happened under every president since Carter. Carter deregulation,
- 32:42of which everybody thought was a great deal. Airlines, railroads, and
- 32:45trucking companies. Well, now we've got four major airlines in the United States.
- 32:49We pay more to fly than people in the rest of the world.
- 32:52So has that been a good thing? In a social security social security disability
- 32:57has become look at you got to look at the regulations in that regard the
- 33:01Federal Railway Administration. I used to do lots and lots of railroad work representing
- 33:07railroad workers who were injured during the course of their employment. They're not covered
- 33:09by workers' compensation. It's the Federal Employer's Liability Act. And you bring an
- 33:15action directly against the railroad used to see I mean the Boiler Inspection Act,
- 33:22which controls the safety on locomotives, and volumes and volumes of regulations about what
- 33:29the railroads can and can I do, and what standards are over to the
- 33:32size of rock that you put along the side of a track ballast, I
- 33:37mean and out, which is why it takes about ten years to build anything
- 33:44in the United States, honestly. And Fiarello LaGuardia was forced to land in
- 33:51the fog on a trip back to New York and they landed a Teeterberdo,
- 33:55New Jersey. He gets out and he said, mister Mary got to take
- 33:59it over to the city, said, I thought I would have landed in
- 34:01an airport in New York, and so well, we don't have an airport
- 34:05in New York. So what we're gonna have? And three years later the
- 34:07open look wardio. Now could you do that today? Of course not.
- 34:13We can't build Cordier age. So we'll see what happens. It's going to
- 34:15be. I don't think there's a lot of drama, even though my mouth
- 34:20is a justice course, it's actually overturning a doctrine that his mother supported forty
- 34:25years ago when she was at the Administrator of the EPA. Well, see
- 34:29what has one of those interesting things. It's too almost too complex to talk
- 34:31about, but it will effect our day to day lives in a substantial way
- 34:37if it does affect the ability to transact business and conduct your daily affairs here
- 34:44in the United States, right right, right, Peyton Law Firm in Nitro
- 34:47Harvey. Yeah, Hey, Peyton Lawfirm dot com. We, my son,
- 34:52Tom and I provide excellent representation for folks who have been suffered an injury.
- 34:59It can be physical injuries, for instance, automobile accident or some other
- 35:05industrial accident, a product liability, or if you've had a financial injury and
- 35:10insurance company won't pay you, a bank won't honor an obligation, a contractor
- 35:15won't do what they've contracted to do. That's our company, that's our bread
- 35:20and butter, and we do a really good job of it. Along with
- 35:22I do a lot of things that just people need done. I help folks
- 35:25do a little of state planning and some real estate transactions. This past couple
- 35:30of weeks I worked with Larry Dawson. Larry said this on the air yesterday
- 35:36that he'd worked with our office in transitioning his business to a new operator.
- 35:42So if you have a you think, well, I don't know if I
- 35:45need a lawyer or not, or i've been hurt. I think I need
- 35:46a lawyer. I can't. We can't tell you who to hire. But
- 35:50if you give us a thought and go online to Peyton Law Firm dot com,
- 35:52you can send us an email comes right to my desk or Tom's desk,
- 35:57or you can call us at three oh four seven five five five five
- 36:01five six, that's fifty five fifty six, or stop by the office twenty
- 36:06eight oh one First Avenue in Nitro. If either Tom or I are there
- 36:09to see you, we will. If not, one of the other staff
- 36:13members will meet with you, get your contact information, take some notes and
- 36:16we'll call you back. You won't be sorry. I mean now that Larry
- 36:21has transitioned to another operator for his company, he'd been there since nineteen eighty
- 36:28seven, so I had him bout ten years, but because I've been there
- 36:32since seventy seven in Nitro, but I'm moving up the ranks as one of
- 36:37the oldest businesses in town. We I mean, we have a solid,
- 36:42longtime, good reputation for representing people in an honorable, straightforward fashion and getting
- 36:46good results. You don't need a chain law firm in any regard you hire
- 36:52us or not. But I would certainly advise against some chain that blows a
- 36:58bunch of TV ads can flying in on a private jet because it's not going
- 37:02to apply to your case. I can assure you, all right, that's
- 37:05the Peyton Law Firm in Nitro seven five five fifty five fifty six seven five
- 37:09five five five five six or Peytonlawfirm dot com. Peytonlawfirm dot Comharvey, good
- 37:15to see you, cheerful mountaineers. All right, try to try to get
- 37:17one this weekend, all right. ABC News is next on five eight w
- 37:22c HS.