Taxpayers Sue Gov. Gregoire To Invalidate Climate Change Executive Order

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From the EFF press release:

"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.

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