tomjedrz’s Recent Comments

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  Standing & Separation of Powers

  Chris ..

  The reason that there would be no standing issue in the example you cite is that Congress wrote a "citizen enforcement" clause into the Clean Air Act. Essentially, Congress gave everyone standing.

  Which leads me to my real point .. the courts are not the correct place for this argument.  The plaintiffs should instead lobby the Executive Branch to do what they wich, or lobby Congress to clarify what is expected of the EPA.  

  It is very bad in the long run for the courts to be involved in this kind of thing; look at abortion and Roe v. Wade for an example of what happens when the court makes policy decisions.  

  The kind of change that is desired is far more effective when it comes from the elected entities of our government.On Analysis posted 2 years, 11 months ago 3 Responses