Admin Rules Hands Douglas Major Defeat

We've covered this story before: the Douglas Administration wants to open public lands to ATV's, while 1005 of the environmentalists in the state oppose it. For months (since just after the Legislature adjourned, actually) they've been going back and forth on the Douglas ATV rule, and for at least a couple of months it has looked very tough for the administration.

 

Yesterday they voted, and it was a unanimous vote against the rule.

First, here's another view of what's at stake. Here's what the hiking trails you now enjoy might wind up looking like if the rule goes into effect:

The vote was unanimous. Nobody on the committee agreed with the Douglas interpretation that says that the executive has essentially unlimited power to pass rules without a grant of authority from the Legislature.

Back in November in these pages Caoimhin Laochdha eviscerated the administration's argument, and now that analysis has the support of a joint legislative committee. Next stop: consideration by the full Legislature next month.

The action by the committee doesn't stop the rule from going into effect, but it does strip the rule of the presumption of validity it would otherwise have in the event of the (inevitable) chalenge in court.

Does this portend more trouble for the administration when the Legislature reconvenes in January? We can only hope.

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