Author Topic: Court Vaporizes 50 Years of Environmental Law Leaving Trump's EPA to Build on the Ashes  (Read 1695 times)

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Offline Free Vulcan

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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.

https://redstate.com/streiff/2024/11/12/court-vaporizes-50-years-of-environmental-law-leaving-trumps-epa-to-build-on-the-ashes-n2181905

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Booyah!!!

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Offline Kamaji

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I wouldn't call that vaporizing 50 years of environmental law.

Offline Bigun

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"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Smokin Joe

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This is huge!
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

Offline IsailedawayfromFR

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This is huge!
The court just teed one up for Trump to use

Oh, and that bomb picture was not big enough
« Last Edit: November 12, 2024, 08:07:06 pm by IsailedawayfromFR »
“You will never understand bureaucracies until you understand that for bureaucrats procedure is everything and outcomes are nothing.” Thomas Sowell

Offline Smokin Joe

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The court just teed one up for Trump to use

Oh, and that bomb picture was not big enough

Yeah, more like Chicxulub. We'll see how many dinosaurs get taken out.
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

Offline Kamaji

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The opinion did nothing of the sort.  It invalidated certain procedural regulations issued by the CEQ - on the basis that the CEQ was an advisory body only without authority to issue binding regulations - meaning, in particular, that the underlying enforcement agencies - the Parks Department and the FAA - could not take the position that current tourist flights over a bunch of federal parks did not require a full statement of environmental impact before a plan permitting those flights could be adopted by those two agencies - whose authority to issue environmental regulations was never questioned or put into doubt - and therefore that the two agencies have to go back to the drawing board and engage in a full environmental review of the environmental impact of the tourist flights.

So, instead of having a uniform set of rules governing the sorts of statements and environmental reviews required under the National Environmental Policy Act ("NEPA"), each agency will now pursue its own course of action, with some agencies permitting plans to go into effect without a drawn out environmental review, and other agencies requiring exquisitely detailed environmental review in all cases - which will simply stymie private parties if two agencies with inconsistent policies under NEPA both have jurisdiction over the same issue, such as happened in this case where both the Parks Department and the FAA had regulatory authority over these flights.

It should be noted that the decision does not undo one single iota of substantive environmental regulation, but it does balkanize the process for getting environmental plans approved when multiple agencies have concurrent jurisdiction.

Offline IsailedawayfromFR

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 :thumbsup:
Yeah, more like Chicxulub. We'll see how many dinosaurs get taken out.
“You will never understand bureaucracies until you understand that for bureaucrats procedure is everything and outcomes are nothing.” Thomas Sowell

Offline Kamaji

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Offline Hoodat

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Why build?  Just leave it in ashes.
If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-

Offline DB

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Actually, it ended 50 years of EPA regulation that was under the color of law.

Offline Kamaji

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Actually, it ended 50 years of EPA regulation that was under the color of law.

Really?  Where did it do that?

Offline Weird Tolkienish Figure

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Is this more fallout from Chevron decision? My hope is that the US unshackles in the next 12 months and the economy goes gangbusters.

Offline Kamaji

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Is this more fallout from Chevron decision? My hope is that the US unshackles in the next 12 months and the economy goes gangbusters.

For the most part, no.  The court cites to that decision as indirect support, but the heavy lifting is done by other long-standing precedent.  The status of the CEQ has apparently been under question for a long time, but simply never squarely addressed.  The CEQ regulations at issue here were regulations concerning how federal agencies were supposed to prepare environmental impact statements concerning the agency’s own actions, not substantive underlying environmental regulations themselves. 

Offline Fishrrman

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Folks, any way you look at this, whether big, small, or middlin' -- it's still a step in the right direction. Something to "build upon" as we dismantle the greenunists' enviro-totalitarian edifice...