The Nondelegation Doctrine And Enviro Regs, Post-Gundy

Law360 (July 18, 2019, 2:42 PM EDT) -- Sometimes a case comes along that looks like a simple affirmation, but really foreshadows a significant policy change. The U.S. Supreme Court’s recent decision in Gundy v. United States is just such a case, and may have opened the door to a revitalization of the long-dormant nondelegation doctrine.

Such a move could have significant impacts on federal government regulation under environmental statutes. It’s been 84 years since the Supreme Court declared a law to be unconstitutional under the nondelegation doctrine, but based on Gundy, it seems more likely than ever that the court will return to enforcing the constitutional responsibility of...

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