2 ms·

Wonder if this will hold in the courts given SCOTUS ruling on power of regulatory agencies (ie, EPA enforcement in O&G industry is stagnant). My understanding i

by xyst 2y ago

Wonder if this will hold in the courts given SCOTUS ruling on power of regulatory agencies (ie, EPA enforcement in O&G industry is stagnant). My understanding is that unless it’s explicitly written into the law, then enforcement will not be applied. Hope somebody with legal background can chime in though

willcipriano 2y ago
Everybody is pretending that ruling didn't happen and will probably force you to drag them through the courts kicking and screaming before they give up the power that they have become accustomed to. I think there is a hope they can play lawfare games until they get the court stacked in their favor again.
- romwell 2y ago
  >I think there is a hope they can play lawfare games until they get the court stacked in their favor again. I'm sorry, but what instance of "court stacking" are you referring to when you say again? The way the the Supreme Court has been stacked today (via Republicans refusing to consider Obama's SCOTUS nominee for nearly a year because the election was coming "soon", but fast-tracking Trump's nominee three weeks before the election) has, in my memory, been unprecedented. Was there something similar that the "pro-environmental-regulation" side did in the past that I'm not aware of?
  - willcipriano 2y ago
    https://www.democracydocket.com/news-alerts/democrats-introduce-bill-to-expand-u-s-supreme-court/ https://www.democracydocket.com/news-alerts/democrats-introd...
gamblor956 2y ago
If anything, Loper would make it easier for the Forest Service, since it was the reissue of the (long-expired) permit in 2018 that would fail court examination as "arbitrary and capricious." And that permit was only for 5 years, so the re-issued permit expired in 2023. No matter how the law is interpreted, BlueTriton does not currently have a valid permit to take water from this spring. The Forest Service order is just the second order barring them from using this water; the California water board has already issued a cease-and-desist, and Loper would have no affect on that order.

by xyst 2y ago

willcipriano 2y ago

Everybody is pretending that ruling didn't happen and will probably force you to drag them through the courts kicking and screaming before they give up the power that they have become accustomed to. I think there is a hope they can play lawfare games until they get the court stacked in their favor again.

romwell 2y ago
>I think there is a hope they can play lawfare games until they get the court stacked in their favor again. I'm sorry, but what instance of "court stacking" are you referring to when you say again? The way the the Supreme Court has been stacked today (via Republicans refusing to consider Obama's SCOTUS nominee for nearly a year because the election was coming "soon", but fast-tracking Trump's nominee three weeks before the election) has, in my memory, been unprecedented. Was there something similar that the "pro-environmental-regulation" side did in the past that I'm not aware of?
- willcipriano 2y ago
  https://www.democracydocket.com/news-alerts/democrats-introduce-bill-to-expand-u-s-supreme-court/ https://www.democracydocket.com/news-alerts/democrats-introd...

gamblor956 2y ago

If anything, Loper would make it easier for the Forest Service, since it was the reissue of the (long-expired) permit in 2018 that would fail court examination as "arbitrary and capricious." And that permit was only for 5 years, so the re-issued permit expired in 2023. No matter how the law is interpreted, BlueTriton does not currently have a valid permit to take water from this spring. The Forest Service order is just the second order barring them from using this water; the California water board has already issued a cease-and-desist, and Loper would have no affect on that order.