What About Train?

by Dave Schuler on August 11, 2014

I’m surprised that we haven’t heard more about the Supreme Court case Train vs. the City of New York. The background as I recall it is this. Congress appropriated money for certain environmental projects over then-President Nixon’s veto. Nixon refused to spend, i.e. “impounded”, the money. The City of New York then sued Russell Train, then administrator of the EPA for following the president’s directions in the matter.

I remember the case because it illustrated what seemed to me to be a clear example of a president overreaching his authority despite the president’s position possibly being supported by the Congressional Budget and Impoundment Control Act of 1974 (that’s same act of Congress that created the CBO).

My point in bringing this up is that I have the distinct impression that if the case were to be brought before the Court now it would find that New York didn’t have standing to bring it. I could be wrong.

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