Lacking in characters.

Joined April 2014
13 Photos and videos
My scintillating content may be found at: seanhoedonahue@bsky.social
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On the latest effort by fossil friends -- supported by amicus US Chamber of Commerce, which is filled with companies that support climate action -- to block even the most conventional controls on emissions from our biggest sources. legal-planet.org/2024/08/23/…
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How about a constitutional amendment to establish what we thought was established in 1787: that the President is not above the law?
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But this “Chevron-violates-the-APA” ruling preserves something important: Going forward, Congress may still provide for deferential judicial review -- a position that the Article III-based theory for overturning Chevron favored by Justice Gorsuch would not have.
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The Court has corrected the "nitrous oxide" references in the Good Neighbor decision. In the coming days, I'll be noting add'l errors that should prompt more far-reaching changes. (Seriously, EPA should prevail -- as the Act recognizes, we need controls on interstate pollution).
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There are far more serious problems with today's decision in the Ohio v. EPA staying EPA's Good Neighbor Rule, but ...
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Justice Gorsuch's opinion refers five times to "nitrous oxide" (aka laughing gas) rather than the entirely different chemical compound -- smog-causing "nitrogen oxides" -- actually at issue in the case.
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Sean Donahue retweeted
The unselfishness and humbleness of this team is an example for anyone that plays any sport! So proud of you @celtics congrats to everyone from top to bottom! Congrats Al!! #humblydone #nbafinals #celtics #platanopower #banner18 #🇩🇴🇩🇴🇩🇴
18 Jun 2024
2024 WORLD CHAMPIONS 🏆
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Sean Donahue retweeted
21 May 2024
Make it make sense. Fossil fuel power plants cause about 1/4 of U.S.CO2 emissions. And the industry *seemed* to support EPA’s efforts to cut them. Now this📷 from @Edison_Electric, which reps companies like @SCE @portlandgeneral @xcelenergy @Exelon?!?📷 eenews.net/articles/edison-e…
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Thread on Good Neighbor argument from the amazing Kirti Datla x.com/kirti_datla/status/176…

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Section 706 of the APA did not apply in Chevron, which was a Clean Air Act case under a significantly different review statute. So accusing Justice Stevens of "whiffing" on Section 706 in Chevron is a self-own. Let's see if the Court goes there too.
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Where, exactly, does the Constitution "say" that the interpretive power rests exclusively with courts? Answer: nowhere. And there's a fair bit of language in it that would suggest that the Executive has a key interpretive role.
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On Wednesday the SCt will hear arguments in Loper and Relentless, on whether to overrule Chevron v. NRDC's ruling that courts must uphold federal agencies’ statutory interpretations if (a) consistent w/ statute per traditional tools of judicial interpretation, and (b) reasonable.
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EDF's amicus in Loper amicus: supremecourt.gov/DocketPDF/2…

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EDF's amicus in Relentless: supremecourt.gov/DocketPDF/2…

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