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Environmental Law, Leaving Trump's EPA to Build on the Ashes​


By streiff | 6:03 PM on November 12, 2024
The opinions expressed by contributors are their own and do not necessarily represent the views of RedState.com.
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Nuclear blast at the Bikini Atoll 1946. (Credit: Wikimedia, Public Domain)
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.


The silver lining is that Trump's EPA, under Lee Zeldin (see We Have Another Trump Cabinet Pick: Lee Zeldin Gets the Nod), will get the first crack at reworking useless and expensive regulations.
 
Trump waited until Thune promised recess appointments before announcing Gaetz . Smart move...

Gaetz will be in charge of the people that made accusations against him
Tulsi is in charge of the people that put her on the terrorist watch list
RFK will be in charge of the people that silenced him on vaccine concerns
Pete Hegseth is going to go to war with DEI in the pentagon
Tom Homan is ready to deport every illegal
John Ratcliffe is going to gut the FBI and their false "investigations"
Elon and Vivek are 2 businessmen that know how to trim a budget.

Trump is building a team to go to war with the deep state. We're going to need popcorn. It's going to be awesome to watch.
 
Trump waited until Thune promised recess appointments before announcing Gaetz . Smart move...

Gaetz will be in charge of the people that made accusations against him
Tulsi is in charge of the people that put her on the terrorist watch list
RFK will be in charge of the people that silenced him on vaccine concerns
Pete Hegseth is going to go to war with DEI in the pentagon
Tom Homan is ready to deport every illegal
John Ratcliffe is going to gut the FBI and their false "investigations"
Elon and Vivek are 2 businessmen that know how to trim a budget.

Trump is building a team to go to war with the deep state. We're going to need popcorn. It's going to be awesome to watch.
I really hope so.
 
Better start writing your Senators, because Trump needs the appointments to pass confirmation. I'd love it but Gaetz may be tough without some pressure.


.
 
Cruz and Kennedy said they will push these people thru as fast as possible, possible by the end of Jan 2025...
 
I can't fuckin' wait to see these guys in action. January 20th can't get here fast enough!

I think it's the perfect match, Vivek has a bio-tec background and Elon know how to run a business efficiently.
2025 is looking like it's gonna be a great year.
 
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