[This piece has been published in Restoring America to consider how a recent Supreme Court decision might encourage Congress to stop delegating so much power to federal bureaucratic agencies.]
Last week, the Supreme Court punctuated a blockbuster term with a significant administrative law case. Although West Virginia v. Environmental Protection Agency was not as flashy as gun control or abortion, the court’s decision to strike down the Clean Power Plan has implications far beyond climate change. This post explores that decision and examines what the court’s major questions doctrine means for agencies going forward — including those regulating Big Tech.
West Virginia v. Environmental Protection Agency involved the Obama-era Clean Power Plan. The Clean Air Act allows the Environmental Protection Agency (EPA) to regulate emissions from power plants. In 2015, the agency used that authority to announce a sweeping plan