| Venue: | DC District Court |
| Facts: | An executive orer directs all agencies to submit their rules to Office of Management and Budget to determine whether their potential benefits outweigh their costs. OMB and EPA disagree about some regs with respect to waste disposal, and the deadline for acting comes and goes. |
| Posture: | Not clear. |
| Issue: | What is a reasonable deadline for these regulations? |
| Holding: | The one congress specified. |
| Rule: | The president's agencies can not frustrate the will of congress by delaying the enactment of regulations. |
| Reasoning: | Congress knew this was complicated stuff, and they felt that quick promulgation was important. OMB has no authority to use its powers of regulatory review to delay this. And by the way, we are not interfering with the flexibility of the executive branch: we are just recognizing the law as congress passed it. |
| Dicta: | |