On June 30, 2022, in West Virginia v. Environmental Protection Agency, the United States Supreme Court ended EPA’s “Clean Power Plan,” an on-again off-again power plant greenhouse gas rule that had been volleyed between the Obama, Trump, and Biden administrations, and was the subject of prior court decisions. For the first time, the Supreme Court explicitly limited the power of administrative agencies to regulate issues of “economic and political significance” in “extraordinary cases” without “clear congressional authorization.” The newly-named “major questions doctrine” prevents agencies from “asserting highly consequential power beyond what Congress could reasonably be understood to have granted.” This doctrine applies to all administrative agencies, not just the EPA.
Read the entire article here: The Supreme Court’s Ruling on EPA’s Clean Power Plan Limits the Power of Administrative Agencies
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