QUESTION
The General Assembly of the State of Bliss created a Department of Transportation under the following statute: There is hereby created a Department of Transportation. It is authorized to enact all regulations it deems necessary. Such regulations will be deemed to have been validly promulgated unless either chamber of the General Assembly objects by a vote of the majority within 90 days of their publication. Several months after its creation, the Department of Transportation released its first set of regulations. The regulations prohibit the transportation of toxic chemicals through Capitol City, the capitol of Bliss, on the two main interstate highways which cross Capitol City. However, the regulations specifically allow the chemicals to be transported on Capitol’s residential streets. QUESTION: Discuss any available grounds that might be used to invalidate the regulations and whether the regulations will withstand judicial review. Assume that a statute similar to the federal Administrative Procedure Act has been adopted in Bliss.
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