Fortunately, federal courts have been stepping up to challenge President Obama’s overreach of executive powers, whether in recess appointments or immigration policy. Now it’s happening in the environmental field as well.
Recently a federal circuit court issued an injunction against enforcement of the EPA’s Clean Water Rule, which would have placed hundreds of millions of acres of additional land under federal regulation.
If water trickled any time of year anywhere near an ocean, river or creek, the EPA wanted to call those “living waters of the United States”.
This follows a similar case a few months ago in which the Supreme Court struck down a regulatory expansion of the Clean Air Act.
When the history is written, the Obama administration will be known for two things: Obamacare and the abuse of executive power. Frustrated by a gridlocked Congress, the executive branch has tried time and again to press its agenda by expanding executive power.
Fortunately the courts are pushing back.[soundcloud url=”https://api.soundcloud.com/tracks/230832697″ params=”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false” width=”100%” height=”166″ iframe=”true” /]