Supreme Court considers reviving nondelegation doctrine limiting agency power

The Supreme Court may soon revisit a long-unused doctrine that could curb federal agencies’ authority by placing more responsibility on Congress to legislate directly.

Pamela King reports for E&E News.

In short:

Conservative justices are signaling interest in reviving the nondelegation doctrine, which limits how much power Congress can delegate to federal agencies.
The Pacific Legal Foundation argues Congress has given too much power to agencies, challenging environmental regulations as part of this strategy.
If revived, the doctrine could reshape how agencies like the EPA regulate, shifting more responsibility back to Congress.

Key quote:

“This is the next frontier of separation of powers. This is definitely something we’re pushing in our litigation.”

— Luke Wake, attorney with Pacific Legal Foundation

Why this matters:

Reviving the nondelegation doctrine could reduce the power of regulatory agencies, requiring Congress to take on more direct decision-making. This shift could lead to delays in addressing complex issues like environmental protections due to political gridlock.

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Supreme Court considers reviving nondelegation doctrine limiting agency power

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