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§ 90.61 Definitions and grant conditions.
In this section the definitions and grant conditions in section 12291 of this title shall apply.
Allowing the executive to impose its own after-the-fact grant conditions also threatens the separation of powers.
The EU's birds and habitats directive forbids actions that would destroy animals or wildlife sanctuaries, and so do the bloc's existing grant conditions.
After all, the Constitution is the law, and the Constitution does not allow the president to impose grant conditions not specifically authorized by Congress.
But they are united in their desire to make up new grant conditions and impose them on states and localities after the fact.
Similar(44)
But if they did, it most certainly would amount to a grant condition.
What is a grant condition but a mandate that funding recipients must meet certain requirements or risk losing their grants?
Nor is section 1373 a grant condition; it's a free-standing prohibition, enforceable if need be by judicial injunctions.
Note: You may only grant authority that has been granted to you with the can grant or can only grant condition.
The same passage in the Court's opinion also indicates that the grant recipient had notice from state "common law" that "they may be held responsible under state law for their failure to protect students from the tortious acts of third parties". But no one suggests this means that notice of a federal grant condition can somehow be provided by state law.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com