How Green Groups Make the EPA Issue New Rules
“Ironically, the one point on which all sidesenvironmentalists, business interests, and EPAagree is that theyd prefer to see environmental policy move through Congress rather than through court filings or the backrooms of an executive agency. But as long as Capitol Hill remains gridlocked, expect recourse to come from the legal system.”
This is why Obama is trying to pack the D.C. Circuit, because they will be reviewing the illegal regulations his EPA is getting ready to put out.