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.

Read more: EPA loses ground in Supreme Court decisions