Judge’s Decision Ignores Simple Supremacy Clause Question

Executive Director

Friday, 04 January 2013 16:27
I was on the cusp of finishing my January managers’ report just before the Christmas weekend and something happened, so instead of cancelling most of my report, I decided to share it with you. I was going to begin it like this:

“After 23-months we still have no decision in our case against CARB. September 6th was the last hearing date (this one caused by EPA’s politically-timed acceptance of CARB’s state implantation plan (SIP)). At that hearing, Judge England said he would have a decision out ‘shortly.’ The word ‘shortly’ surely doesn’t mean the same to all of us. Impatient with the delay, we sent an appeal letter to the court on November 15 asking for a decision.” Read more