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| -Land of the Free |
| Court Vaporizes 50 Years of Environmental Law, Leaving Trump's EPA to Build on the Ashes-This Is A Big Deal |
| 2024-11-14 |
| [RedState] The US Court of Appeals for the DC Circuit summarily vaporized 46 years of Federal environmental regulations. Writing in a case called Marin Audubon Society, et al v. FAA, et al, the majority of a three-judge panel ruled that the Council on Environmental Quality, a cabal inside the Executive Office of the President charged with ensuring that National Environmental Protection Act requirements are interpreted uniformly across the federal government, had illegally used the Federal Register to publish that guidance thereby giving citizens, agencies, and even the courts the impression that their internal guidance had the authority of law. The decision was written by Karen LeCraft Henderson (George H. W. Bush) and A. Raymond Randolph (George H. W. Bush) with Chief Judge Sri Srinivasan (Joe Biden) dissenting, and it found: As the parties argue the case, it centers on whether the Agencies complied with regulations of the Council on Environmental Quality, an entity within the Executive Office of the President. We will not address these arguments. The CEQ regulations, which purport to govern how all federal agencies must comply with the National Environmental Policy Act, are ultra vires. Ultra vires means the CEQ was acting "beyond the legal scope of its authority." The court goes on to detail the shenanigans by which an advisory body with no regulatory authority was able to write environmental regulations for the entire United States for nearly a half-century just because it decided it could. Making the case even more awesome is that it was set off by enviro-wackos suing the FAA for allowing sightseeing flights near some national parks. The enviros claimed the FAA used the wrong standard established by the CEQ to permit the flight. They ended up being right in a backhanded kind of way. This decision throws the entire environmental regulation scheme governing the federal government into chaos. I suspect that many of the CEQs regulations will be reissued by other agencies, but after Loper Bright Enterprises v. Raimondo (see The Supreme Court Firebombs the Administrative State and Tells Congress to Get Off Its Butt and Work) that slew the medusa called "Chevron deference," the survival of those replacement regulations is not assured. |
| Posted by:NoMoreBS |
| #4 NN, the Chevron doctrine from almost 100 years ago allowed congress to give law making authority government agencies under the premise some things are too complicate so let the experts make the laws. This allowed the EPA, SEC, IRS and other agencies to use their courts to put you on trial, find you guilty and not allow you to testify in person. Earlier this year the supreme court tossed most of the Chevron defense out as unconstitutional. This is fallout from it. Finally. |
| Posted by: 49 Pan 2024-11-14 16:44 |
| #3 Did they amend the US Constitution last night ? Because raising revenue must originate in the House of Representatives. So only Congress can impose TAXES. So the question is... Will the RINO's in the House help the LSD's? |
| Posted by: NN2N1 2024-11-14 08:02 |
| #2 Biden imposes a new methane emissions tax as he prepares to leave the White House |
| Posted by: Skidmark 2024-11-14 07:42 |
| #1 This was long overdue, as the EPA, DC Swamp & Eco-Wacko's were getting crazier and crazier in their demands. The Eco-Wacko's lies have cost the US Taxpayers $100's of Billions over the last 45+ years. BTW: Ethol-Gas cost more to produce that plain gasoline. The USA alone uses 5.18 Billion bushels of corn each year to make it. Which is almost enough to feed all of North & Central America for 6+ months. OPEN NOTE TO AL GORE: Hey! AL, My feet are still dry. No Massive Poplar Ice Melt due to Co2 gases, the Ozone hole, or emissions. |
| Posted by: NN2N1 2024-11-14 03:55 |