A May 24 editorial, “A retreat on clean air,” suggests that holding Congress to the Constitution will make solid environmental protection a “hazy, distant prospect,” but clean air and the rule of law are not incompatible.
Supporters of the court’s ruling are interested in accountability, not pressing Congress to deal in endless technical detail. For Congress, fulfilling the Constitution’s requirements could be as simple as reviewing and endorsing new regulations before they assume the force of law.
To that end, Sen. Sam Brownback and Rep. J.D. Hayworth have offered a proposal for expedited rule review. Their plan acknowledges that good law — environmental or otherwise —depends on the integrity of the Constitution.
By Clyde Wayne Crews and Maxwell Boucher