Despite the claim in your headline, I don’t see where there is anything unconstitutional in the Executive order in question.
To begin with, the Constitution is silent on the issue of executive branch rule making.
There are many words that might describe this approach: Sensible is not one of them.
Trump’s executive order flies in the face of common sense.
While I’d agree with this, “common sense” isn’t required by the Constitution.
The order goes beyond the president’s authority under the Constitution, rewriting laws by personal fiat rather than through a constitutional process. It would require federal agencies to violate both their legal obligations to protect the public and the process the law requires them to follow in doing so.
Both of these claims are false. The President has the exact same authority to rewrite Federal rules as they have to create those Federal rules to begin with. And nothing in the EO directs any Federal Agency to do anything in violation of any law passed by the Congress or to enact any changes in violation of the existing Federal rule making process.
The Clean Air Act, for example, averts more than 230,000 preventable deaths, 86,000 emergency room visits, and more than 16 million lost days of work or school every year.
The Rules used to implement the Clean Air Act also have a lot of stupid things in them.
Back in 1997 the EPA implemented a rule under the Clean Air Act to monitor and establish a maximum allowable air particulate matter (APM) level. They setup monitoring equipment in locations all over the country. That equipment gave them daily stats on air quality for each location. If the amount of particulate matter exceeded established levels for X number of days/year, the EPA required those cities spend millions of $$ to “correct” the problem.
But the EPA’s own equipment had problems and small towns all across the northern tier of the U.S. were forced to “fix” the fact that it snows. Because the EPA’s rules counted “water” as a harmful particulate, those small towns, like Presque Isle Maine, were forced to spend millions to find ways to compensate for the fact that it snows during the winter months in their areas. Presque Isle ended up having to build a bypass highway that routed most vehicle traffic around the town core and, in effect, killed off many businesses in town all because snow falls out of the air.
The EPA had absolutely zero evidence that anyone had ever died from inhaling snowflakes.