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I don't think this is correct. Congress can definitely delegate its power, they are just saying that Congress didn't delegate the power the EPA is trying to use
by Miner49er 4y ago
I don't think this is correct. Congress can definitely delegate its power, they are just saying that Congress didn't delegate the power the EPA is trying to use in this case.
From the final paragraph of the opinion:
"But it is not plausible that Congress gave EPA the
authority to adopt on its own such a regulatory scheme in
Section 111(d). A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body."
So it seems that Congress can still give the EPA a more clear delegation that they have this power.
- AlotOfReading 4y agoHow do you write an entire opinion about delegation without mentioning Chevron? As the dissent points out, that delegation is inherently required to do the EPA's job and the court has previously accepted their technical and policy expertise in this area.
- cryptonector 4y agoYou would think they would have reversed Chevron, or distinguished it. But note, I've not read this decision yet, and I'm taking your word for their not mentioning Chevron.
- Red_Leaves_Flyy 4y agoI wonder if the conservative majority will use these recent decisions as precedent to overturn Chevron in what would be another shocking and shameless display of legislating from the bench.
- AlotOfReading 4y agoMaybe I missed something between reading and ctrl-f, but it's only mentioned in the dissent as far as I can tell.
- gnicholas 4y agoThe Court has been dodging Chevron of late. This is their second opinion this month where they conspicuously avoided mentioning Chevron: https://www.jdsupra.com/legalnews/court-side-steps-overturning-chevron-4540148/ https://www.jdsupra.com/legalnews/court-side-steps-overturni...