A Terrible Nightmare for Bureaucrats

Here’s Joe Pizarchik, ex- Office of Surface Mining Reclamation and Enforcement Director in the Interior Department, for all of the Obama years:

My biggest disappointment is a majority in Congress ignored the will of the people.  They ignored the interests of the people in coal country, they ignored the law and they put corporate money ahead of all that.

Wow.  Just wow.  Because the people, exercising their will in electing the majority of Congress—all the members of Congress, come to that, every single one of them—had their will ignored when the majority that they elected executed on their will by rejecting a bad regulation.

Again, wow.  Just wow.  Because that Congress, in executing on the will of the people by acting within a previously enacted law and rescinding a regulation, ignored the law.

A third time, wow.  Just wow.  Because Congress, in acting on that Congress-passed law and rescinding a coal job-killing regulation, acted against the interests of the people in coal country, people whose livelihoods were threatened by that regulation.

Of course Pizarchik worked for seven years—seven years!—on his regulation, only to have Congress get rid of it.  That’s not fair!

Now he’s working on a replacement rule for submittal under a future President:

I believe there’s a good chance that, in a legal challenge, that a court will overturn Congress’ actions here as an unconstitutional usurpation of the executive branch’s powers[.]

Never mind that the Executive Branch’s rule-making authority is solely a delegation from Congress and that the Executive Branch is required to remain wholly within the scope of the law which its regulation is intended to implement.

Plainly, eighth-grade civics was not a safe space for Pizarchik.

And there’s this pit of worry: Ross Eisenbrey, Policy Director in OSHA from 1999 to 2001 asks

Why would an administration risk putting all the years of effort into a rulemaking, all the political capital to do it, knowing somebody could take the rule to district court and have it blocked in an instant because the judge says it’s similar enough?

Why, indeed?  It is to hope.

 

h/t Don Surber

Another “Drop Dead” Moment for New York City?

That was The New York Daily News‘ cynical characterization of President Gerald Ford’s refusal to waste taxpayer money on the city’s profligate irresponsibility with its own budget and spending habits.  Is Mayor Bill de Blasio (D) exposing New York City to another round of badly needed tough love from the Federal government?

One New York City Council member wants to expand a summer jobs program for youth.
Another is seeking millions to push the city’s bike-share program deeper into poor neighborhoods.
And another wants to increase funding to legal services for immigrants and adult literacy programs.
Such is budget season at City Hall, where the budget is expected to grow substantially for the fourth year in a row, to some $84.67 billion, up from about $70 billion for fiscal year 2014….

There is some pushback:

Councilwoman Julissa Ferreras-Copeland [D], who chairs the body’s finance committee, has said the city should be putting aside even more in the face of potential cuts under the new president.

And some pushback to the pushback.  Councilman Jumaane Williams (D):

I’m very concerned if we don’t expand these programs now what will happen in future years.  And we should do it while we have it.

[sigh]

We may get to see whether New York City not-so-favorite son President Donald Trump will have the same strength that Ford showed.