Posted on 11/15/2024 11:14:34 PM PST by blueplum
A federal appeals court determined that the White House does not have the authority to issue binding environmental regulations under the National Environmental Policy Act (NEPA), upending several decades of the practice.
NEPA is a federal law that requires federal agencies to conduct a review of environmental impacts before making any decisions and then issue a “detailed statement” of the environmental review.
In a divided decision Tuesday, the D.C. District Court of Appeals ruled that the White House Council on Environmental Quality (CEQ), established to instruct agencies on NEPA compliance, does not have the power to issue regulations on other federal agencies as it has been for more than 40 years....
The court ruled that “the Constitution does not permit the President to seize for himself the ‘law-making power of Congress’ by issuing an order that, ’like a statute, authorizes a government official to promulgate rules and regulations.”...
(Excerpt) Read more at 1010wcsi.com ...
What? Someone understood the Constitution? Amazing!
To create rules out of thin air that don’t already exist, yes.
But directing your executive branch employees on how to do their work, that can be done.
I guess in the future, gray areas or overstepping then, the courts may have to decide what goes too far.
A federal a ppeals court determined that the Biden White House does not have the authority
to issue binding environmental regulations under the National Environmental Policy Act (NEPA).
Winning.......
> Winning....... <
Yes, indeed. By some estimates, Trump 2.0 will appoint around 100 new federal judges. So this winning streak - as good as it is - is just the beginning.
👍🏻
Wowser........
If it sticks, it will be a good start to the long, long, long battle to restore the Constitutional Republic...
If the communist administration ignores the finding, nothing has been gained and it will result in the solidification and empowerment of the communists’ control of this nation...
The court ruled that “the Constitution does not permit the President to seize for himself the ‘law-making power of Congress’ by issuing an order that, ’like a statute, authorizes a government official to promulgate rules and regulations.”
This could have a profound effect upon almost all Executive Orders, could it not?
SCOTUS Chevron ruling is just starting to settle in. Wait until the Trump appointees take the helm at all agencies.
Decades of stroke of the pen regulation crushing the economy and the citizens can now be stroke of the pen erased.
“However, the new ruling suggests that CEQ has not had the authority all these years to implement any regulations. It could face appeal and a final decision by the entire D.C. Circuit bench.”
Oh PLEASE appeal it, and take it to the Supreme Court...and learn the definition of Chevron Deference, once and for all.
Wait.....what.....DC Court of Appeals??? Same court persecuting pro life demonstrators and people standing around on J6???
If that one won’t, the USSC will
But the cat is now out of the bag. It would seem reasonable that a party injured by executive decree can sue for damages resulting .
The U.S. Court of Appeals for the District of Columbia Circuit
> Sri Srinivasan, chief judge [Obama judge]
> Karen L. Henderson [G.H.W. Bush judge]
> A. Raymond Randolph [G.H.W. Bush judge]
An Odiousbama judge and two Grabby Poppy judges...
Before: SRINIVASAN, Chief Judge, HENDERSON, Circuit
Judge, and RANDOLPH, Senior Circuit Judge.
Opinion for the Court filed PER CURIAM with respect to
Parts I and III.
Opinion for the Court filed by Senior Circuit Judge
RANDOLPH with respect to Parts II and IV.
Concurring opinion filed by Senior Circuit Judge
RANDOLPH with respect to Part IV.
Dissenting opinion filed by Chief Judge SRINIVASAN with
respect to Parts II and IV.
https://media.cadc.uscourts.gov/opinions/docs/2024/11/23-1067-2084381.pdf
Strip it “n” clip it.
NEPA is a federal law
Yeah so is voting if you brake one rule they are all broken deal with it.
Many, many years overdue but a welcome decision nevertheless.
Presidents have been running amok legislating on their own with hardly any reaction from congress.
Good point...
Excellent point...
Extensive financial pain would be a most appropriate approach...
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