Well, I know I’m late to the party, but, I think some of the readers here may find this interesting …….
A Government Accountability Office report stating that the EPA broke the law is “a black eye” for the agency, says an expert in Constitutional Law. EPA is in hot water over the promulgation of a controversial water rule that a federal appeals court placed a stay on in October.
“The impact of this report is more political than legal. It’s a black eye for the EPA, but doesn’t really affect the legal merits of the challenge,” Jonathan Adler, a professor of Constitutional Law at Case Western University and a regular contributor to the Washington Post’s Volokh Conspiracy, tells Breitbart News.
The merits of the legal challenges to the EPA’s water rule, filed by 22 states in two separate federal lawsuits, appear to be quite strong.
“While we know from experience that the EPA goes to great lengths to advance illegal and unprecedented regulations, I take comfort that we currently have a national stay on the waters rule and are well positioned to drive a stake through the heart of this unlawful policy,” Patrick Morrisey, Attorney General for West Virginia, one the states that has sued the EPA over the water rule, tells Breitbart News.
According to the EPA’s website, “The Clean Water Rule: Definition of “Waters of the United States” published in the Federal Register on June 29, 2015. The rule became effective on August 28, 2015.” A federal district court judge in North Dakota issued a stay almost immediately. The ruling initially applied only to 13 states involved in one lawsuit against the regulations. In October a federal appeals court affirmed the stay and extended it to all 50 states in the country.
Sen. Jim Inhofe (R-OK), a steadfast opponent of the water rule who had asked the GAO to issue a legal opinion on its validity, offers a similar view.
“G.A.O.’s finding confirms what I have long suspected: that E.P.A. will go to extreme lengths and even violate the law to promote its activist environmental agenda,” Inhofe said in a statement responding to the GAO report. “E.P.A.’s illegal attempts to manufacture public support for its Waters of the United States rule and sway congressional opinion.” ……
…. “At issue here,” the GAO explained, “is whether EPA violated publicity or propaganda and anti-lobbying provisions concerning the use of its FY 2014 and FY 2015 appropriations.”
“The use of appropriated funds associated with implementing EPA’s Thunderclap campaign and establishing hyperlinks to the NRDC and Surfrider Foundation webpages,” GAO concluded, “violated prohibitions against publicity or propaganda and grassroots lobbying contained in appropriations acts for FYs 2014 and 2015.” ….
You can read the whole article at the link.