Federal Appellate Court Revives the Nondelegation Doctrine in Environmental Case

Here’s a shortened version for you: Legal firm and attorney names have been changed. The federal government can’t give too much power to other branches of government. The Supreme Court recently sent back two air quality standards to the Environmental Protection Agency, saying they violated this rule. The EPA needs to have a clear guideline to follow when setting air quality standards, and if they can’t find one, they may need to ask Congress for help. If they can’t do that, the standards might be unconstitutional. In simple terms, the court is considering whether the Environmental Protection Agency (EPA) has too much power to make decisions about air quality levels. The EPA was told by Congress to set air quality standards to protect public health, but some people think this gives the EPA too much freedom to make its own rules. One judge disagrees with this idea, saying that the EPA has been doing this job for a long time and that the court’s decision goes against what the Supreme Court has said in the past. This disagreement may be taken to a higher court for a final decision. Since 1935, the Supreme Court has consistently rejected challenges to Congress giving power to government agencies to make rules and decisions. Even in a 1989 case, the Court upheld a law allowing a commission to set federal sentencing guidelines, saying that Congress needs to delegate power to deal with complex and technical issues. Even a dissenting justice in that case said the nondelegation rule isn’t easy to enforce. So, the Court has allowed Congress to give agencies like the EPA the power to make rules, as long as they have some guidelines to follow. The courts are deciding whether Congress or the EPA should be responsible for setting air quality standards. The EPA wants the courts to reconsider their decision. Until a decision is made, the EPA’s new ozone standard does not have legal effect. The cost of complying with the standard could be very high for the economy. This issue may need to be resolved by the Supreme Court. Kevin B. Covington is a lawyer who specializes in environmental law, especially air quality regulation and permitting. He helps different industries understand and comply with the rules for keeping the air clean.

Source: https://www.floridabar.org/the-florida-bar-journal/federal-appellate-court-revives-the-nondelegation-doctrine-in-environmental-case/