Justice Gorsuch is extremely skeptical of regulatory-agency powers, and his day to body-slam EPA (et al) is drawing near. The Fifth Circuit passes the ball for an assist to the slam-dunk:
...The U.S. Fifth Circuit Court of Appeals issued an opinion in a legal battle between eleven red states and the federal government over the Department of Energy’s (DOE) efforts to impose energy and water efficiency standards for dishwashers and clothes washers that asserted it “is unclear that DOE has statutory authority to regulate water use in dishwashers and clothes washers,” according to the opinion’s text. The Biden administration has attempted to push new standards for both appliances since coming into office in 2021 as part of a wider push to nudge the market toward more energy efficient appliances, which in some cases are generally less effective than their other models, the court asserted in its opinion.
In March 2018, the Competitive Enterprise Institute (CEI) proposed standards for dishwashers that allow the sale of models that run faster cycles, using more energy and water than standard dishwashers in the process. The Trump administration then adopted similar guidelines as policy in 2020, but the Biden DOE repealed those standards in 2021 before advancing its own standards that crack down on the faster models advantaged by the Trump administration’s rules in May 2023....
While the Trump bunch played the same game as the Biden bunch, the Biden bunch is the one on trial here.
Couldn't happen to nicer guys.
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