West Virginia v. EPA (2022) - Major Questions Doctrine

Description  

The U.S. Supreme Court decision established the “major questions doctrine” to emphasize that significant economic and political decisions require explicit delegation from Congress, rather than being inferred from ambiguous statutory language. The ruling underscores the importance of ensuring that there be explicit statutory authority related to significant regulatory actions, especially those with substantial economic implications. Regulations may be subject to legal challenges under the major questions doctrine.

Action to be taken

• Monitor federal regulations for clear statutory authority.
• Assess the rules that may have significant economic or operational impact.
• Update compliance policies accordingly.
• Participate in public comment on proposed rules.
• Consult legal counsel on potential regulatory risks.

Ruling Date

• June 30, 2022

Resources

• West Virginia et al, v. Environmental Protection Agency et al. 597 U.S. 697 (2022)