pudge's Journal: Taxpayers Sue Gov. Gregoire To Invalidate Climate Change Executive Order

From the EFF press release (that would be Evergreen Freedom Foundation):

"We believe Gov. Gregoire's climate change executive order is an unconstitutional order," said Michael Reitz, director of the Evergreen Freedom Foundation's Constitutional Law Center, who represents the taxpayers in this case. "Gov. Gregoire violated the doctrine of separation of powers by snatching a failed bill out of the legislative process and issuing it in the form of an executive order. If the governor wants to pass laws, she's in the wrong branch of government."

I can't yet speak to the claims in detail, but the complaint claims that the executive order "directs state agencies, local governments, planning councils, business representatives, and other entities to take specific actions and to implement new responsibilities and processes."

If that's true, the EFF has a strong case. My guess is that the case will rest on how true that is, because, certainly, while the governor has some authority, without specific statutory or constitutional grant, to tell state agencies what to do, it's limited; and more certainly, she has no such authority to tell anyone else what to do.

Cross-posted on <pudge/*>.

Might want...

[FroMan]

Might want to update the story to include the that EFF is Evergreen Freedom Foundation. Around these parts EFF is better known as Electronic Frontier Foundation. I was wondering why a mostly technical rights advocacy group would care about climate oriented executive orders.

Re:

[pudge]

Heh, yeah. I wrote that up for soundpolitics.com, where EFF is assumed to be what it is in this case.

Interestingly, both were founded around the same time. Same year I think. Both do good work. EFF WA does better work. :)

Re:

[Qzukk]

both were founded around the same time

Dang, now we're going to have to hold a cage match to figure out who should "get the F out" ;)

Re:

[pudge]

Ha.

I believe the Evergreen Freedom Foundation is changing its name to Freedom Foundation or somesuch. So it might resolve itself sooner or later. ;)