Appeals Court Says Trump EPA Can't Suspend Obama Emissions Rules

[IsailedawayfromFR]

The U.S. Environmental Protection Agency cannot freeze implementing a rule requiring oil and gas companies to fix methane leaks in their equipment, a federal appeals court ruled on Monday in a setback for President Donald Trump's push to cut environmental regulations.
The EPA on June 5 announced a stay in the rule, which would have required drillers and transporters to start reporting and fixing any methane leaks they found in wells and transfer stations, after EPA Administrator Scott Pruitt wrote in an April 18 letter the agency intended to reconsider imposing it. But the U.S. Court of Appeals for the District of Columbia Circuit said the agency did not have the authority to halt the rule during those deliberations.

The EPA's stay "is essentially an order delaying the rule's effective date, and this court has held that such orders are tantamount to amending or revoking a rule," Judges David Tatel and Robert Wilkins wrote. The third member of the three-judge panel, Judge Janice Rogers Brown, dissented.

"We are reviewing the opinion and examining our options," an EPA spokeswoman said in a statement to Reuters.

The court's ruling came in response to a lawsuit filed June 5 by green groups that opposed the EPA's stay of the rule. The groups, including the Natural Resources Defense Council, Environmental Defense Fund, Sierra Club and other environmental organizations, argued the EPA did not follow procedures detailed in the 1970 law known as the Clean Air Act when it froze the rule.
http://www.newsmax.com/Newsfront/appeals-courts-rejects-trump/2017/07/03/id/799624/

I see no way this can hold up as a legal opinion being constitutional.  The two judges who ruled should be impeached.

[Hoodat]

Yet it was perfectly OK for President Obama to suspend the enforcement of immigration laws.

[INVAR]

In this particular case, I am all for Trump asking the Appeals Court how many Divisions it has under it's control to stop him from suspending Obama's economy-killing edicts via the Alphabets.

And then suspend them, permanently via Executive Order.

After all, the EPA is a cabinet Agency and Trump is the Chief Executive of that branch.

[Bigun]

I see no way this can hold up as a legal opinion being constitutional.  The two judges who ruled should be impeached.

Absolutely!  They are coloring WAY outside the lines!

[Applewood]

FWIW:  Judge Tatel was appointed by Clinton and Wilkins was appointed by Obama.

[ArneFufkin]

FWIW:  Judge Tatel was appointed by Clinton and Wilkins was appointed by Obama.

Yes, and the dissenting judge, Janice Rogers Brown was a Bush 43 appointee.

This is the way it's going to go folks.   Media assault and frivolous litigation before shopped Judges in Obama/Clinton polluted Circuits is the about the only thing the Left has going right now to slow down the Executive (and Legislative if the GOP Congress starts actually ... PASSING ... bills) agenda.

It's just a place marker in terms of actually stopping stuff given the Gorsuch confirmation and Kennedy's imminent retirement for a more conservative Jurist.  I saw the same thing happen in Wisconsin after Scott Walker and GOP legislators won political control in 2010-14 where every ... EVERY ... Walker or legislative initiative was contested with lawsuits before Lefty judges in Dane County - who like the partisan zombies they are - immediately slapped injunctions to stop the measures. 

They did that hoping to win a couple key WI Supreme Court elections and allow time for a recall election.  They waged a recall election against Walker and several GOP Senators (in an 18-16 GOP majority)  They waged a bogus "John Doe" investigation by scumbags in the Milwaukee County Attorney's office and the partisan Government Accountability Board (aided by Lois Lerner) to chill Walker supporters and donors for Walker's 2014 election.

Does this sound familiar?


Well, Conservatives WON the Supreme Court races and Walker and key Senators survived the recall elections and all the corrupt injunctions of the robed douchebags in Dane County were reversed and Wisconsin found a way to not only re-elect Walker in 2014, build on it's GOP Legislative majorities in 2016, and for the first time in 32 years a Republican won the state's electoral votes for President

This is Deja Vu.  All over again.  All these frightened and faux-outraged Legislators need to stay the course, pass the legislation they ran on, support the President and look forward to expanding their majorities in 2018 and re-elect this President. 

[Weird Tolkienish Figure]

GOP controls everything now, except the courts.

Just kill the EPA.

[unite for individuality]

"The groups ... argued the EPA did not follow procedures detailed in the 1970 law known as the Clean Air Act when it froze the rule."

I see no way this can hold up as a legal opinion being constitutional.  The two judges who ruled should be impeached.

My first reaction was, if Trump suspended
a rule made by the EPA, not an act of Congress,
he has full authority to do so.

But if the Clean Air Act spells out how rules are made and suspended,
and Trump did not follow that procedure,
then the greenies might have a valid case,
based on a legal technicality.

I'm not going to go that far into the weeds
to search out such arcane legal and regulational details.
That's what White House Counsel is for.

[driftdiver]

Who was the epa lawyer and who hired em.

[The_Reader_David]

Well, Trump does have a picture of Andrew Jackson in the Oval Office.  Perhaps it's time for the Executive to take the same attitude toward the courts that Jackson did.  When the Democrats cry "foul", Trump can point out he is following in the footsteps of their party's founder.

[Free Vulcan]

@Oceander

Translation? I can usually follow the logic of the ruling, but this isn't very clear. Does someone need to formally end the rules to not enforce them, and who would that be?

[Smokin Joe]

@Oceander

Translation? I can usually follow the logic of the ruling, but this isn't very clear. Does someone need to formally end the rules to not enforce them, and who would that be?

Congress had the opportunity to eliminate the rule and failed.

Then the EPA tried to stay the implementation of the rule, but ecowhackos took that to court as not following the procedure in the Clean Air Act of 1970. The ruling is supposedly on a procedural issue, negating  the stay of the rule.

McCain, Collins, and Graham voted with the Democrats to keep the rule, which kicked it back to the EPA. Other rules were scuttled by Congressional vote, but not this one, which goes beyond leaks in production equipment. Methane is commonly released while drilling an oil well, in quantities too low to recover or burn.

IIRC, the alternative to Congress ending the rule is for the EPA to rescind it, which requires waiting periods, comment periods, and a new study to show why it should be eliminated, unless Trump can EO either a delay or order it out of existence.

[DB]

@Oceander

Translation? I can usually follow the logic of the ruling, but this isn't very clear. Does someone need to formally end the rules to not enforce them, and who would that be?

My guess is procedure was not followed in dumping the rule and when it is dumped via going through the "proper" process it will be done - but who knows.

[Free Vulcan]

IIRC, the alternative to Congress ending the rule is for the EPA to rescind it, which requires waiting periods, comment periods, and a new study to show why it should be eliminated, unless Trump can EO either a delay or order it out of existence.

That's what I thought it might be about, but reporters can't write for jack anymore.

[Hondo69]

When Obama was busy packing the Federal Courts it never made much in the way of headlines.

Funny, it is now.  Just imagine if the media were in the tank for Conservatives instead of Liberals we'd have heard of it 24/7 for years and years.

[Mom MD]

GOP controls everything now, except the courts.

Just kill the EPA.

Unfortunately the courts are the defacto rulers of this nation, and the republicans do not have to spine to take any action.

[txradioguy]

But the U.S. Court of Appeals for the District of Columbia Circuit said the agency did not have the authority to halt the rule during those deliberations.

Amazing how silent they were while the EPA was bypassing Congress and writing laws without the ability to legally do so.

[Suppressed]

Amazing how silent they were while the EPA was bypassing Congress and writing laws without the ability to legally do so.

About as silent as the so-called "opponents" of those rules, who didn't follow the avenues that were available to fight them.

[Suppressed]

My guess is procedure was not followed in dumping the rule and when it is dumped via going through the "proper" process it will be done - but who knows.

Exactly.

Some so-called "conservatives" scream "Rule of Law" all day, until they are actually expected to follow it.

[Smokin Joe]

Exactly.

Some so-called "conservatives" scream "Rule of Law" all day, until they are actually expected to follow it.

McCain, Graham, and Collins voted with the Democrats to not get rid of this rule. They could have voted with the Republicans and that would have been that. Instead they scrooed the pooch and now the EPA has to deal with the global warming puppies (because it is the warmists who pushed for this rule anyway).

[Suppressed]

McCain, Graham, and Collins voted with the Democrats to not get rid of this rule. They could have voted with the Republicans and that would have been that. Instead they scrooed the pooch and now the EPA has to deal with the global warming puppies (because it is the warmists who pushed for this rule anyway).

Yes, the voters have not sent enough conservative senators to represent them, if this is what The People want. 

Or we can look at it another way, and admit that The People have sent these senators to DC to represent them, and conservatives aren't doing enough to convince The People that they should send more conservative representation to DC.

[Smokin Joe]

Yes, the voters have not sent enough conservative senators to represent them, if this is what The People want. 

Or we can look at it another way, and admit that The People have sent these senators to DC to represent them, and conservatives aren't doing enough to convince The People that they should send more conservative representation to DC.

Or, people are confused about what makes a person a conservative. It is more than wearing an 'R' after your name.

Or people really want Liberal representation but can't handle the stigma of electing a Democrat.

[Suppressed]

Or, people are confused about what makes a person a conservative. It is more than wearing an 'R' after your name.

Or people really want Liberal representation but can't handle the stigma of electing a Democrat.

You speak wisely.

[unite for individuality]

Amazing how silent they were while the EPA was bypassing Congress and writing laws without the ability to legally do so.

Did the EPA issue this rule without being given authority by law,
or did Congress pass a law that gives the EPA broad authority to issue any rule they wish?

The effect of that is Congress is giving away THEIR authority to legislate
to the Executive Branch.

[txradioguy]

Did the EPA issue this rule without being given authority by law,
or did Congress pass a law that gives the EPA broad authority to issue any rule they wish?

The effect of that is Congress is giving away THEIR authority to legislate
to the Executive Branch.

Obama spent 8 years bypassing Congress and their authority to make new laws by having the EPA and the rest of the executive branch bureaucracy write "regulations" in such a manner that they were enforceable as if they were a law passed by Congress.

And all Congress did was smile and nod.