Neal McAliley was interviewed in a Bloomberg Law article titled “Sable Operational Order Expands Trump’s Power to Sidestep States.” The article discusses a recent federal court decision allowing the Trump administration to bypass local regulators and restart an oil pipeline, a ruling some say could create a legal opening for favored energy projects to move ahead with little scrutiny.
The administration’s use of the Defense Production Act (DPA) is an aggressive strategy to promote its preferred energy developments, according to McAliley. But this recent court ruling opted out of interrogating the emergency and instead focused on the law’s procedural requirements, he said.
“The Secretary of Energy may be treating this as an emergency because the President has declared this energy emergency, but the issue in this case is: did the Secretary’s actions comply with the statute?” McAliley said.
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