The question is CAN he. The answer is yes under the EPA of 1976. Otherwise states could say no wall while he has declared an emergency to build one thru several states. Did you see Cal stop the construction eats of San Diego?
“The question is CAN he. The answer is yes under the EPA of 1976. Otherwise states could say no wall while he has declared an emergency to build one thru several states. Did you see Cal stop the construction eats of San Diego?”
He would be testing the courts, and they may not agree with you that the situation you site (building the wall on the southern border) and trying to power over governors declarations posed as needed for public safety (right or wrong) is not an apples vs oranges comparison of the use of whatever powers the “EPA of 1976” provides. Whatever powers it confers are posed in a context and it could be an argument that powering over the governors in this instance meets that context.
And, in the first place I don’t think Trump would do as you say he “can”. He did not act in that manner and impose federal lock down orders on the states. He issued recommendations and let the states do as each state thought best. I can’t see him reversing that federalist philosophy now.