nondelegation doctrine

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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