Supreme Court Takes Up Challenges to Near Limitless Power of EPA

This piece argues that the D.C. Court of Appeals wrongly ruled against the Affordable Clean Energy rule and, in doing so, gave virtually unlimited administrative power to the EPA. In its decision to take up the case, the authors argue the Supreme Court has an opportunity to remedy that mistake.

Discussion Questions

As discussed in this guide and the article, the nondelegation doctrine bars Congress from giving executive agencies lawmaking powers. Do you feel that the current interpretation of the CAA provisions does that?