Unless a higher court overrules, EPA must follow rulemaking procedures under APA to create the new rule, meaning a delay of months if not years. As the Rural Blog notes, this is a problem because the Trump administration has used the same approach elsewhere as well. But we liberals should not applaud too hardily; the strict application of APA could kill Obama's process for the children of undocumented immigrants (the "Dreamers"). And once liberals retake the presidency, we'll be stuck following the same process to revive those Obama rules which Trump's administration is eventually able to kill using the APA procedureThe ruling serves as a signal to Pruitt and other Trump administrations that delaying a rule's effective date may be viewed by courts as tantamount to revoking or amending a rule. In their ruling, Judges David Tatel and Robert Wilkins said that the agency could change the methane regulations but would need to create a new rule to undo the old one, and couldn't delay the effective date of the old law while seeking to rewrite it.
Wednesday, July 05, 2017
Administrative Procedure Act Pros and Cons
EPA has run into an APA problem as interpreted by a court: