With the recent Chevron doctrine being overturned by the Supreme Court last week. It has got to thinking. Now that the Supreme Court telling the bureaucrats that they can’t make laws only congress can. Was the E-LOG passed by Congress or was it just Mandated by the FMCSA?
Bothish as i remember, either side would have a case because its not a clearcut case of law from congress nor fmcsa acting on its own Congress specifically laid out a timeline for elds and then delegated the particulars to the fmcsa to study, recommend and implement the rule
Can something be challenged after the fact if it was part of an appropriations bill? I haven’t sat at the Petro lunch counter enough to know for sure. Lol. And is there a time limit if you can, it’s been 12 years now.
.... it could be challenged i'd guess , but it would most likley hsve to be changed by congress telling fmcsa to drop it or change it.
Any legal statute law rule etc Can be challenged Question is how far can you get? Getting thru the lower court(s) and then gettin the Supremes to actually hear it….is difficult at best….the High Court turns down or back over 95% of the cases it receives In the case of e-logs… that ship sailed Remember the first time OOIDA tried to challenge The govt answer was Why?? It’s the trucking industry that pushed us to implement and you can bet that’ll be the first thing you hear Of course the ATA and the teamsters among others will be there spouting how much safer it’s made the industry
