The US Supreme Court has long been skeptical of novel proposals by federal agencies to address issues of vast economic and political significance. In West Virginia v. EPA, the Court made clear that its past cases reviewing novel applications and interpretations of agency powers do constitute an identifiable “doctrine” for application by courts going forward. When an administrative agency makes a “major policy decision,” it must have “clear congressional authorization” to do so. This case may represent one of the Supreme Court’s most significant administrative law decisions since Chevron U.S.A. Inc. v. Natural Resources Defense Council in 1984.
This article was originally published on the website of Winston & Strawn LLP on July 1, 2022.