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Separation of Powers

April 11, 2019

OMB adopts PLF’s interpretation of the Congressional Review Act’s scope

Today the Office of Management and Budget issued a memorandum to executive agencies directing them that the Congressional Review Act applies to all guidance documents and non-notice-and-comment rules. The CRA requires agencies to submit all rules, not just formal regulations, to Congress for review and possible disapproval before they can take effe ...

April 11, 2019

The Hill: It’s time for the Supreme Court to end regulators’ abuse of Clean Water Act rule

This article was originally published by The Hill on April 11, 2019. For years, federal regulators harassed U.S. Navy veteran Joe Robertson, charging him with violating the Clean Water Act for digging ponds on private property and subjecting him to ongoing legal proceedings. They even put him in prison for a year and a half. Robertson, 80, died ...

April 09, 2019

The President’s abuse of the Antiquities Act violates the Constitution’s separation of powers

In 1972, Congress authorized the Executive Branch to set aside special areas of the marine environment—including the ocean up to 200 miles from the nation's coast—as marine sanctuaries. However, it imposed appropriate limits on this power—requiring public notice of proposed sanctuaries, studies of environmental tradeoffs, and input from Congr ...

April 01, 2019

The Hill: To improve environmental protection, give states more skin in the game

This article was originally published in The Hill on April 1, 2019.  President Trump's budget proposal for the coming fiscal year calls for a significant reduction in funding for the U.S. Army Corps of Engineers. In this respect, Trump is a lot like his predecessor — the Obama administration also sought cuts to the Corps's bloated construc ...

March 28, 2019

No, the Electoral College is Not Outdated

As the field of candidates for the 2020 election for president heats up, there are predictable calls for a tired and old idea: Abolish the Electoral College. As you will no doubt remember for High School government class, the Electoral College was designed to ensure that anyone ascending to the office of the president would ...

March 25, 2019

The Hill: Here’s why Congress, not the president, should lead on environmental protection

This article was originally published in The Hill on March 25, 2019. Last month, Congress approved a massive, bipartisan federal lands bill, designating five new national monuments, 1.3 million acres of wilderness, 620 rivers as wild and scenic, and permanently reauthorizing the Land and Water Conservation Fund. This legislative undertaking "tou ...