Document Type
Article
Publication Title
Environmental Law Reporter
Abstract
“If Congress won't act soon to protect future generations, I will. I will direct my cabinet to come up with executive actions we can take, now and in the future, to reduce pollution, prepare our communities for the consequences of climate change, and speed the transition to more sustainable sources of energy.” ~ President Obama, State of the Union Speech, February 2014
As set forth above, as a result of unilateral executive action, critical technology and modern American society are changing fundamentally. But is this form of executive action legal? There are significant unresolved legal issues as to what can and cannot be accomplished with executive action alone, without concurrence of Congress. Now before the Supreme Court for decision is the question of whether the executive branch can unilaterally alter its interpretation of regulatory law.
This article examines the legal ‘flex’ of executive power within Constitutional governance. Unilateral executive branch regulation and interpretation is now controlling how private industry uses technology. The article examines pivotal executive actions taken through the “back door” with no legislative concurrence. And this issue assumes center stage when presidential control of the executive branch changes. Unilateral executive action is changing the fundamental technology for one of the most important inventions in history. The article places in legal context each variant type of executive action.
First Page
10523
Last Page
10536
Publication Date
2015
Recommended Citation
Steven Ferrey, Legal After-Shocks on the Energy Seismograph: Judicial Prohibition of Recent State Regulation and Promotion of Power, 65 Env't L. Rep. 10523 (2015).
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