law gives green light to sue federal agencies?

["Dave Farber" <farber () gmail com>]

Begin forwarded message:

> From: Alexander Goldman <agoldmanster () gmail com>
> Date: January 12, 2017 at 1:11:27 PM EST
> To: OIA List <oia () lists bway net>
> Subject: [OIA] GOP law gives green light to sue federal agencies?
>
> http://talkingpointsmemo.com/edblog/--100901
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> ByJOHN JUDIS Published JANUARY 12, 2017, 12:59 PM EDT
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> Sometimes, the general public is completely unaware of very important decisions government makes because they are 
> shrouded in technicalities. Yesterday, the House of Representatives passed a bill that could crippled the ability of 
> government to regulate private industry.
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>  
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> The bill modifies the Administrative Procedure Act, which was passed in 1946, and represented a compromise between 
> New Deal Democrats and free-market Republicans. It sanctioned the power of government agencies like the National 
> Labor Relations Board or the Federal Communications Commission to regulate the private market, but required public 
> hearings on proposed rulings and court suits to overturn regulations.
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> The Supreme Court ruled in 1984 that the courts could only overturn rulings that were “arbitrary and capricious, an 
> abuse of discretion.” In other words, the courts would have to defer to the regulatory agencies in finding whether a 
> ruling was justified. But the Republicans in the House passed a law that would allow the courts to rule without 
> giving deference to the regulatory agencies. A Republican court could, for instance, overrule decisions of the Food 
> and Drug Administration or the Environmental Protection Agency on concocted Constitutional grounds – say, by arguing 
> that it violated the “takings” clause of the Constitution. That could cripple the regulatory agencies.
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> Martin Lobel, a Washington lawyer and expert in tax and regulatory policy, sent me an email explaining the Republican 
> action:
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> On January 11, while everyone’s attention was focused on confirmation hearings and attempts to repeal Obamacare, the 
> House passed The Regulatory Accountability Act of 2017 (H.R. 5) which would amend the Administrative Procedures Act 
> to overturn the deference courts have given to administrative agency decisions by a vote of 238-183. I was told the 
> Republican leadership was confident, since there are 114 judicial vacancies that they expect will be filled by 
> “conservatives,” this change will significantly help to end “big government,” as will the new Administration’s 
> appointees to the various regulatory bodies. BEWARE.
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> Marty’s admonition, “Beware,” should be taken very seriously. If the Senate passes this act, and President Trump 
> signs it, federal agencies entrusted with enforcing the Clean Air Act or other landmark legislation, will no longer 
> be able to do their job.
>
> _______________________________________________
> Open Infrastructure Alliance
> http://lists.bway.net/listinfo/oia



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