U.S. Courts Uphold Energy Efficiency Standards Against DoE Attack: A Huge Win for Us All
If the Trump administration has done anything for us, it’s provided a fantastic refresher of what we learned as children in our civics classes: checks and balances, that kind of thing.
Perhaps most visibly, we have the federal courts’ numerous and completely consistent decisions that Trump’s travel bans on Muslims are illegal. But closer to home for us here at 2GreenEnergy are the courts’ decisions on the Energy Department’s efforts to roll back environment protects, i.e., that they are similarly against the law.
Similar efficiency laws are commonplace and have been since the Reagan administration, affecting everything from laptop chargers to air conditioners, and have saved Americans billions.
While I like this, I take issue with “The Trump administration’s baffling decision….” There’s nothing baffling about it at all; it’s perfectly in sync with essentially everything that’s come out of this administration when it comes to the welfare of the common American. At every turn the consumer has gotten a hard slap across the face, so as to juice profits for corporations. Whether it’s safety standards, healthcare, tax “reform,” banking regulation, clean water and air, or, in this case, utility bills, the man on the street has received nothing but the most severe punishment available.
If there’s anything baffling about any of this, it’s that we seem to like this continual flogging. In certain demographics, Trump’s approval rating is still close to 50%. I suppose the only conclusion one can draw is that many Americans are good at voting against their interests.
Craig,
Dispensing with all the political ranting, the DoE’s position in this case was always very dubious.
The defendant (DoE) argued the time limit on publishing the regulation was discretionary, but failed to advance any reason for the delay. Essentially, what United States District Judge
Chhabria ruled was the department’s discretion was not arbitrary.
The DoE’s principle argument was since the ‘duty to publish’ remains “discretionary” as a matter of timing, therefore the plaintiffs are prevent from invoking the citizen-suit provision and have no standing.
Naturally, the Judge didn’t buy such nonsense and ruled against the DoE.
What’s really odd about the DoE’s delay in publishing the regulation is that although the regulation is Obama era legislation, it’s fairly innocuous and only an extension of a long existing trend to upgrade the efficiency of portable air conditioners, air compressors, commercial packaged boilers, and uninterruptible power supplies.
Since the overwhelming majority of US manufacturers are already compliant and nobody significantly benefits from the delay, the DoE’s attitude seems even more inexplicable.
DoE Secretary Rick Perry, isn’t a lawyer, but he’s a sufficiently experienced administrator to understand when his department’s bureaucracy is involved in pointless, and unwinnable, law suits, especially with no discernible policy or political advantage.
Rick Perry may not have been aware or instigated defending this law suit, but it’s no his duty to ensure there’s no repetitions.
President Trump is on safe and even admirable grounds when he revokes the Presidential Fiats of predecessors and insists only Congress can make law by legislation. This policy may be unpopular with those who benefited from rule by Presidential fiat, but is at least principled and would be upheld in the US Supreme Court.
The DoE’s petty defiance of Congressional legislation, employing weasel words and sly interpretations to circumvent the law undermines the President’s principle. President Trump and Jeff Sessions must bring the damage done by the DoE to his administration’s image to Rick Perry’s notice and prevent any further occurrence.
If the DoE want’s to change the law, that’s fine they must follow the correct procedure and ask Congress to change the law.