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Another day...another Obama appointed judge reversing a Trump policy
Posted on 8/13/20 at 3:05 pm
Posted on 8/13/20 at 3:05 pm
This time? Interpretation of Migratory Bird Treaty Act
In short, Trump Administration issued rule that the penalties under the law were only applicable to the intentional killing of protected birds - not ones that might be inadvertently killed due to industrial activities.
Judge says NO.
Of course, the greens are all giddy and libs are happy because OMB, but guess what industry is about to get it up the arse with a nail studded baseball bat?
Of you said "windmill farms" you would be absolutely correct.
In short, Trump Administration issued rule that the penalties under the law were only applicable to the intentional killing of protected birds - not ones that might be inadvertently killed due to industrial activities.
Judge says NO.
Of course, the greens are all giddy and libs are happy because OMB, but guess what industry is about to get it up the arse with a nail studded baseball bat?
Of you said "windmill farms" you would be absolutely correct.
3
Posted on 8/13/20 at 3:08 pm to udtiger
Oh the irony... I imagine solar farms have issues with birds as well...
Posted on 8/13/20 at 3:09 pm to udtiger
OMB gives them enough rope and we can all laugh as they go down.
Posted on 8/13/20 at 3:17 pm to udtiger
quote:
In short, Trump Administration issued rule that the penalties under the law were only applicable to the intentional killing of protected birds - not ones that might be inadvertently killed due to industrial activities.
TBH, this is a huge departure from how the law has been interpreted by all previous administrations. While I agree with the policy change, I don't think Trump actually has the unilateral authority to do what he wanted to here.
Changing the definition of a "taking" would be a massive watershed moment in administrative law. As someone who supports making such a change, I don't think Trump will succeed without Congressional action.
Posted on 8/13/20 at 6:55 pm to kingbob
quote:
TBH, this is a huge departure from how the law has been interpreted by all previous administrations
So
fricking
What?
Prior Presidents aren't kings (regardless if what John Roberts says).
Still, this will be a fricking bludgeon against wind energy.
Posted on 8/13/20 at 6:59 pm to kingbob
quote:
Changing the definition of a "taking" would be a massive watershed moment in administrative law.
Who gives a frick? Administrative law is all bullshite anyway... some liberal nerd bureaucrat sitting in a basement at the EPA just making shite up that NO ONE voted on or gets any say in.
Posted on 8/13/20 at 9:05 pm to BayBengal9
Because changes in administrative law are based on whether or not the administration’s interpretation of the law is reasonable. If the interpretation being offered by a new administrator is remarkably different, then they will have to either prove:
A. That their interpretation is reasonable because that’s what the drafters meant it to mean; or
B. That research and data supports changing the interpretation to what the new administration desires, i.e. that it’s reasonable policy.
Thus, big changes are typically frowned upon by judges.
A. That their interpretation is reasonable because that’s what the drafters meant it to mean; or
B. That research and data supports changing the interpretation to what the new administration desires, i.e. that it’s reasonable policy.
Thus, big changes are typically frowned upon by judges.
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