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> The order will waive several long-standing environmental laws Is it possible for an executive order to "waive laws"? I thought laws take precedence over exec

> The order will waive several long-standing environmental laws Is it possible for an executive order to "waive laws"? I thought laws take precedence over executive orders. If this were possible, then the President could waive all the laws he didn't like, and have more power than a king. I'd be grateful if someone who understands thew law better than I do could give some color here.

corty 6y ago
As far as I've understood, the president as boss of the executive branch can order the executive branch to not apply a law or at least not prosecute violations. One means to do this is to impose a certain interpretation, e.g. ordering "severe environmental impact" to mean nothing less than "making the area uninhabitable for anything beyond bacteria for more than 100 years" or something. Also, laws are often vague and their intent is clarified in regulations issued by the executive, e.g. the EPA. The president could order those regulations to be changed.
- mcv 6y ago
  Yeah, but can't the next administration simply start enforcing those laws again? A company would have to be incredibly foolish to count on something like this to protect them.
  - corty 6y ago
    Yes, the next administration could do that. But permits that have already been granted under the old rules usually remain valid. If not, possible lawsuits and damages awarded.
    - mcv 6y ago
      But does having a permit allow you to violate the law? What is the point of even having laws for this if they can simply be ignored?
- wahern 6y ago
  The executive, and specifically the DoJ, has significant discretion to abstain from trying court cases. But regulatory agencies are a different matter. More importantly, in this context it would seem the EPA would be affirmatively approving projects without following the legally required process. I'm not sure what kind of discretion regulatory agencies have in completely abstaining from undertaking some action, but AFAIU they definitely don't enjoy much discretion to simply ignore the rules once they take that first step; not unless there's other legislation that gives them an escape hatch.
blackflame7000 6y ago
The executive branch can simply not enforce the law which effectively nullifies it. That being said, the POTUS still doesn't have the power to make up new laws to serve his interests.
- unclebucknasty 6y ago
  There are limits to the executive's ability to ignore laws.
  - pstuart 6y ago
    Those limits have yet to be found.
deleted 6y ago
[deleted]

corty 6y ago

As far as I've understood, the president as boss of the executive branch can order the executive branch to not apply a law or at least not prosecute violations. One means to do this is to impose a certain interpretation, e.g. ordering "severe environmental impact" to mean nothing less than "making the area uninhabitable for anything beyond bacteria for more than 100 years" or something. Also, laws are often vague and their intent is clarified in regulations issued by the executive, e.g. the EPA. The president could order those regulations to be changed.

mcv 6y ago
Yeah, but can't the next administration simply start enforcing those laws again? A company would have to be incredibly foolish to count on something like this to protect them.
- corty 6y ago
  Yes, the next administration could do that. But permits that have already been granted under the old rules usually remain valid. If not, possible lawsuits and damages awarded.
  - mcv 6y ago
    But does having a permit allow you to violate the law? What is the point of even having laws for this if they can simply be ignored?
wahern 6y ago
The executive, and specifically the DoJ, has significant discretion to abstain from trying court cases. But regulatory agencies are a different matter. More importantly, in this context it would seem the EPA would be affirmatively approving projects without following the legally required process. I'm not sure what kind of discretion regulatory agencies have in completely abstaining from undertaking some action, but AFAIU they definitely don't enjoy much discretion to simply ignore the rules once they take that first step; not unless there's other legislation that gives them an escape hatch.

blackflame7000 6y ago

The executive branch can simply not enforce the law which effectively nullifies it. That being said, the POTUS still doesn't have the power to make up new laws to serve his interests.

unclebucknasty 6y ago
There are limits to the executive's ability to ignore laws.
- pstuart 6y ago
  Those limits have yet to be found.

deleted 6y ago

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