US Whitman Case Summary

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An appeal to the U.S. Whitman v. Such a stand wouldbe irrational, according to Justice Breyer. Maybe no agency has exercised more control thanthe Environmental Protection Agency (EPA). TheATA asked the court to declare the rulemaking authority granted to the EPAan unconstitutional delegation of legislative authority. That said, Congress did not implore the EPA to promulgate regulationsthat will eliminate all pollutants, no matter the cost. That is because thetruckers will have to raise rates, and if that forces a lot of truckers outof business, that will allow other transportation companies to hike theirrates. The Bush Administration coulddrag its feet on the new plan, and when it finally unveils itsimplementation strategy, the proposal likely will be watered down. Section 1 9(b)(1) of…show more content…
(The change in administrations in 2 1 resulted in a new nameddefendant to the case-Christie Todd Whitman, President George W. 3d 1 27,1 34 (1999). He declared:"When conferring decisionmaking authority upon agencies, Congress must laydown an intelligible principle to which the person or body authorized toact is directed to conform....Statutes need not provide a determinatecriterion for saying how much of a regulated harm is too much to avoiddelegating legislative power." The Court then looked at two sections of the Clean Air Act (CAA) thatdelineated how the EPA should arrive at its regulations. The battleground also shifts to the appointed officials of theBush Administration, who will be lobbied by both sides (truckers andenvironmental groups), and Congress, which no doubt will have some say inthis matter. "Clean Air ActIssues in the 1 7th Congress." www.cnie.org/nle/air-38.html Hansen, B. (2 1, February 28). District Court, which is usuallythe court of first hearing. Breyer's analysis of the legislative history leads to a differentinterpretation of the CAA. First, the Court dismissed the argument that the CAAamounted to an unconstitutional delegation of Congress' legislative
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