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.

www.eenews.net

Supreme Court considers reviving nondelegation doctrine limiting agency power

Even Trump can't stop the advance of wind power

Yakama protest clean energy project on sacred site to power data center

A MIT study debunks persistent myths about electric vehicles

Oil and gas companies drilled and polluted less in 2025, but emissions from each well are rising, Colorado regulators say

Why Chevron is at the center of the California governor's race

Twenty years after his film, Al Gore tweaks the climate script

Global warming is ‘nowhere close to the world’s top 5 or 10 problems,’ US energy secretary says

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Pennsylvania health advocates say Trump’s first 100 days in office have caused “100 harms” to local communities

“They're terrorizing these scientists because they want to keep them silent.”

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.