Posted on 01/14/2004 9:09:00 AM PST by SunkenCiv
Should be titled, "Court acts illegally on energy":
Court Voids a Bush Move on EnergyThe rule, which applies to central air-conditioners for houses, was one of several published by the Clinton administration during its last few days in office. It was effectively rescinded in a memorandum sent by Andrew H. Card Jr., chief of staff in the Bush White House, to the Energy Department, which formally acted in the early months of the new administration. Tuesday's decision, by a panel of the United States Court of Appeals for the Second Circuit, in New York, appears to put limits on the power of a new president to reverse policies of his predecessor. It establishes that once a rule is published in the Federal Register, it cannot be reversed without a lengthy administrative process, even if it has not yet taken effect; the air-conditioner rule does not become effective until 2006... Eliot Spitzer, attorney general of one plaintiff, New York State, said... that the decision made an important procedural point. "The chief of staff of the president," he said, "cannot unilaterally say rules that have been issued will not take effect."
by Matthew L. Wald
January 14, 2004
(Excerpt) Read more at nytimes.com ...
FMCDH
Tuesday's decision, by a panel of the United States Court of Appeals for the Second Circuit, in New York, appears to put limits on the power of a new president to reverse policies of his predecessor. It establishes that once a rule is published in the Federal Register, it cannot be reversed without a lengthy administrative process, even if it has not yet taken effect; the air-conditioner rule does not become effective until 2006.
This is ridiculous. I sure hope it gets reversed on appeal.
Bah Humbug!
(overturn on appeal before it goes into effect in '06...sheesh!!)
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