Did Rachel 's guest say that Obama can't overturn Bush last minute regulations?

[CatWoman]

I stepped out of the room for a minute, and I thought I heard him say that.

[polichick]

1. It's hard to overturn them, may take courts - Bush is such a CRIMINAL!

[The Velveteen Ocelot]

2. Not exactly.

It's not that these regulations can't be undone at all, ever; it's just that it's time consuming and procedurally difficult, especially with everything else going on. It did sound like there's a possibility the Bushies themselves screwed up procedurally (you have to do this 60 days in advance) and they might have done the math wrong. The courts might have to resolve this.

[Canuckistanian]

7. What I don't understand is...

Why can Bush change regulations that are proven to harm people so easily, yet changing them back to their original state takes years and court challenges?

BUSH should be the one facing court challenges for trying to change them in the first place.

[stillcool]

8. Didn't Bush undo Clinton's...

national parks thing?

[Me.]

10. That's What I Was Thinking

How dies =it work for one but not another

[XemaSab]

14. Clinton did it too late. It was still in the review period when W got in there.

W is doing it so the 60-day review period can expire on his watch.

[BrklynLiberal]

3. I hope those evil SOBs screwed up bigtime, and not only can those things

be undone, but the people involved can be prosecuted.

[RollWithIt]

4. The reality is that it takes a few years to change them....

They can't be immediately removed, it takes a long process to undo them. On the bright side, a new President can change any regulation by signing a bill. Since we have a Democratic Congress anything major or extremely important can be changed via that method.

[MadMaddie]

5. Here's what I have been thinking

* and his hand picked lacky lawyers cannot match the brain power of Obama's hand picked brilliant lawyers. Obama and his team will out manuever and outsmart the below aveverage * team. We have already seen glimpses of this with the financial mess....

* and his team are sloppy and careless, they never bother to read fine print. They will make a blunder of trying to pass these regulations so fast.

[bridgit]

6. With the world in the state it's in I feel I could make the case for repeal based on Bush's

criminality if not specious authority and improper dispensation of office yes, but mental incapacitation in the process and to barrow a closer from Skittles, "yes INDEED!"

[BumRushDaShow]

9. The Congressional Review Act of 1996 will allow Congress to repeal all of that garbage.

http://www.federalnewsradio.com/?nid=125&sid=1517947

[AtomicKitten]

11. I think he said the WH can't. But Congress has a 60-day window.

I think that's the deal. Junior is issuing a whole lotta ugly right now and Obama probably has a team just keeping track of the shitstorm coming from Junior's pen lately.

[Jennicut]

12. That is a crappy deal. I just know Cheney has got his evil pen checking off his evil list right now

[AtomicKitten]

13. it kinda makes my head spin thinking about their evil-doing on steroids in the home stretch

[XemaSab]

15. You think you can order an evil pen online?

'Cause I know what Santa's gettin' me. :D

[HamdenRice]

16. A few answers

All regulations that Bush adopted can be repealed. Regulations (often called rules) are like laws, but they are not passed by Congress. The idea is that the work of federal agencies had grown so complicated from the Progressive Era to the New Deal, and there was so much more expertise in the agencies than in Congress, that Congress "delegated" rule making or regulatory authority to the agencies, which are part of the executive (presidential) branch

Rule making is regulated by Congressional laws like the Administrative Procedures Act and by specific laws that delegate rule making about particular issues to the executive branch (like delegating regional pollutions standards to the EPA, or cross ownership standards to the FCC).

In order for the public to have a say in rule making, most rules are required to be made public before they go into effect, and then there are hearings open to the public, and then rule goes into effect after some period, like 30 days.

Many of the regulations Bush is signing have gone through that process. To undo them would also take publication, notice, hearings and a 30 day wait (or some other period). That means Obama would also have to go through publication, notice, hearings and the wait.

A much more troubling problem is that some rules give private interests, like corporations, property rights. For example, many new Bush rules are environmental. If Bush for example opens a forest to loggers, or a national park to oil and gas leasing, and those corporations start logging or drilling, then if Obama wanted to undo that, he would basically be breaking a contract or taking back a right, like a leasing right. That could end up in court for years and years, and might not be feasible to undo.

Congress can undo rules more quickly than Obama, because all rules exist only because Congress has delegated rule making authority to the executive. If they take that authority away, or override the rule with a law, the rule goes away.

[polichick]

17. Thanks - that's very helpful. (Bush is such a scumbag for his assault on the environment.)

[quaker bill]

18. Rules must be implemented

to have meaningful impact. There is no particular need for this process to occur swiftly. It is the permits and leases which may be issued under the new rules before Jan 20 that become problematic. After January 20, there is always the request for consultation with commenting agencies or request for additional information on any pending matter. These administative steps can add sufficient red-tape to delay any further unfortunate action.

Indeed, a rule can be on the books, but a Presidential finding or guidance memo can direct how the language is interpreted and enforced.

[Honeycombe8]

19. True. Only Congress can. nt