I realize this was a niche tweet. Explanation: The Trump admin EPA issued a rule in January that would've imposed barriers to using best & latest science to inform regulations, in the name of "transparency." Tried to evade review by calling it an "internal housekeeping" rule. /1 https://twitter.com/seanhecht/status/1356305493669502976
Former EPA Administrator Wheeler boasted about the strategy to call it just a "housekeeping rule" making the rule "bulletproof"—at least from being stricken under Congressional Review Act. /2
Many of us pointed out it isn't just a housekeeping rule, bc it affects substance of agency decisionmaking (making it harder for EPA to follow Congress's statutes)! And so the rule wasn't authorized by the federal law that governs housekeeping rules. https://legal-planet.org/2020/05/18/100-law-professors-urge-epa-to-withdraw-revamped-transparency-in-science-rule/ /3
The Court agreed. I'm not surprised. But I am surprised it happened as quickly as it did. https://twitter.com/alexcguillen/status/1356307305579610112?s=20 /end
Also, as @JohnDWalke notes, the administration's strategy to try to make the rule effective immediately backfired completely, putting the case against it on a fast track & motivating the court to figure out early on the sleight-of-hand here. https://twitter.com/JohnDWalke/status/1356313349575876621?s=20