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View Diary: UPDATE: EPA Administrator Stonewalls Congress (40 comments)

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  •  It's not inherently unlawful for WH (7+ / 0-)

    to participate in important admin decisions -- the Prez, after all, is charged with "tak[ing] care that the laws be faithfully executed."

    But among the problematic things here is that Cheney et al appear to have pushed Johnson to make a decision that is at odds with the record before the agency and with the governing Clean Air Act standards for assessing California's request for a waiver.

    The secretiveness, and the rolling of expert EPA recommendations, will bear adversely on the court's assessment of whether EPA followed the statutory requirements and reached a reasonable decision.

    Another possibility is that Congress and a new president will simply grant the waiver, obviating the need for further judicial and agency delays.

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