nondelegation doctrine

The Conservative Assault on Presidential Administration

Are they afraid of “faceless bureaucrats”? Or Democratic Presidents?

Conservatives are on a campaign to reduce agency discretion. They don’t seem to realize that in today’s world, that really amounts to an attack on presidential power.  These days, it’s generally not bureaucrats or even cabinet officers who make the real decisions about regulation. It’s the White House.  So the campaign against the administrative state …

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Threat Assessment: The Supreme Court & the Environment

The current bench is tilted against environmental regulation. It could get worse.

In September, Take Back the Court issued a study entitled, “The Roberts Court Would Likely Strike Down Climate Change Legislation.”  In my view, that’s too alarmist. But the current conservative majority definitely will be an obstacle to aggressive use of government regulation.  That could hold true well into the 2030s, depending on who leaves the …

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Just in From the Supreme Court

The Court refused to hear two cases, but with noteworthy separate opinions.

The Supreme Court declined to hear two cases today.  Neither case was earthshaking, but conservative Justices wrote revealing separate opinions. The case with the greatest import for environmental law was Paul v. U.S. The facts of the case had nothing to do with environmental law, but the issue involved has large implications for environmental statutes. …

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Clearing the Air

The DC Circuit upholds a major air regulation.

On Friday, the D.C. Circuit decided Murray Energy v. EPA.  The court upheld EPA’s health-based 2015 air quality standards for ozone against challenges from industry (rules too strong) and environmental groups (rules too weak).  However, it rejected a grandfather clause that prevented the new standards from applying to plants whose permit applications were in-process when …

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