Trump's Impotent EPA-Version Attack On California Will Fail, in The Courts...

At the head, I must note the lunacy, and capriciousness here in play: Trump said he might declare homelessness in California cities an EPA violation, and fine the cities -- while in the same speech, rescinded a four decades old exempting order, which allowed California to solve its LA metroplex smog problem -- with more stringent local emissions standards. [My argument below, is separate from the lack of science behind his purported change to a nearly four-decade old rule (which rule is backed by decades of positive science behind it), and in a rule that provides no authority, or procedure, for it to be repealed.]

In any event, his repeal of the rule, and threat to California -- has already been the subject of a suit to enjoin it. It will prevail. That is so, because Mr. Trump has clearly singled out one state to attack (for fairly obvious political reasons), while ignoring all the other states that also enforce California level emissions requirements (which save one, do not just coincidentally. . . share a border with. . . Mexico). The full faith and credit clause, and the equal protection clause are here pretty clearly violated:

. . .Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, New Mexico (2011 model year and later), New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington, as well as the District of Columbia all employ California's more restrictive emissions rules. . . .

But Trump has attacked only the state that is openly defying him -- and winning, in the federal courts -- on his unlawful concentration camps -- still imprisoning undocumented children and families. That makes this Trumpian purported rule repeal. . . discriminatory, and thus unlawful. You heard it here first. Onward.

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