'Non-Delegation' Cases Offer Chance For High Court To Limit EPA Powers

摘要

The pending Supreme Court petition over environmental limits on a border wall, along with a just-argued case on sex offender registries, could give the justices an opportunity to limit EPA's rulemaking discretion by strengthening a little-used doctrine that bars Congress from giving the executive branch "unbounded" discretion to regulate.Even though the court has yet to accept any cases that directly involve EPA or its rules for the just-begun 2018 term, either the pending border wall appeal Animal Legal Defense Fund, et al., v. Department of Homeland Security (DHS), et al or the criminal law sex offender registries case Gundy v. United States that was argued Oct. 2 could become a vehicle for the justices to give new force to the "non-delegation doctrine" in ways that would place new limits on the universe of environmental regulation.