The Supreme Court is teeing up their next big fight with the Environmental Protection Agency.
In a recent order, the Justices granted two cases that have the potential to limit how much power Congress can give to the EPA and other agencies to make critical decisions about our environment with the help of scientific experts.
This case revolves around the “nondelegation doctrine” which the Supreme Court hasn’t used since 1935 when it struck down New Deal-era legislation. It’s an old, outdated principle that says Congress isn’t allowed to delegate powers to agencies, even when Congress wants to.
Let’s be frank. While we’re a coalition made up of members of Congress, we also well know that members of Congress don’t have the specific expertise needed to determine highly technical questions, like the amount of particulate matter in the atmosphere that is unsafe for human health or what chemicals are safe or not for human consumption. That’s why Congress has built up our agencies like the Environmental Protection Agency or the Centers for Disease Control and Prevention to determine the right answers to these scientific questions.
And if members of Congress don’t have the requisite expertise, our judges definitely don’t either!
We can’t allow the Supreme Court to use almost a century-old doctrine to limit the ability of regulators to do their jobs and protect our environment.
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The Sustainable Energy and Environment Coalition Political Action Committee (SEEC PAC) is an organization that supports members in the U.S. House of Representatives and candidates who fight for clean energy, climate change solutions, environmental justice, and protection of our nation’s clean air, water, wildlife, and public lands. Will you make a donation to our fight today?
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