Document Type
Article
Publication Date
2024
Disciplines
Law
Abstract
In its recent decision in West Virginia v. EPA, the U.S. Supreme Court struck down administrative rules attempting to dramatically transform the electrical power generating industry. The Court's decision rested on its major questions doctrine, which states that on important enough matters the intent of Congress must be clearly expressed. This doctrine goes against the prevailing trend of deference toward the administrative state, as expressed through the permissive nondelegation and Chevron doctrines. While the major questions doctrine seeks to retain some congressional control over important issues, it nonetheless attracts much criticism on an array of grounds. This article proposes an alternative that both addresses the criticism levied against the major questions doctrine and seeks to achieve greater congressional control over agency action. That alternative involves a reinvigoration of the nondelegation doctrine.
Publication Title
South Dakota Law Review
Volume
69
First Page
24
Recommended Citation
Patrick M. Garry & Sidney J. Hardy, Reinvigorating Congress's Role in the Administrative State: What the Major Questions Doctrine Suggests About Nondelegation, 69 S.D.L. Rev. 24 (2024)