The "Major Questions Doctrine" and the EPA

[Rightguide]

Supreme Court’s Embrace Of This Legal Theory Means Biden’s Sweeping Electric Vehicle Plans Could Be Unconstitutional​

REUTERS/Ting Shen/File Photo

KATELYNN RICHARDSONCONTRIBUTOR
July 12, 202312:49 PM ET
The Biden administration’s new vehicle emissions plan, which is intended to accelerate the transition to electric vehicles, could be found unconstitutional in light of the Supreme Court’s embrace of the major questions doctrine, experts told the Daily Caller News Foundation.

The Environmental Protection Agency (EPA) announced historically strict vehicle tailpipe emissions limits in April that the agency projects will contribute to approximately two-thirds of all light-duty vehicles going electric after 2032 and nearly half of medium-duty vehicles by 2032. The rule could conflict with the major questions doctrine, the idea that agencies must have explicit authority granted by Congress to regulate major policy issues, legal experts told the DCNF.

The Supreme Court has embraced the major questions doctrine in recent decisions, including last year in West Virginia v. EPA, which found the EPA’s emissions standards for fossil-fuel power plants exceeded agency authority, and in its ruling against Biden’s student loan forgiveness plan in Biden v. Nebraska, which found the Secretary of Education did not have congressional authorization for the program.

Texas Public Policy Foundation Senior Attorney Ted Hadzi-Antich told the DCNF the Supreme Court’s ruling in West Virginia v. EPA indicates that the new vehicle emission standards, like the emissions standards for fossil-fuel power plants, likely overstep the EPA’s authority.

More here: https://dailycaller.com/2023/07/12/...lectric-vehicle-plans-could-unconstitutional/

I addressed this legal doctrine last year. This year it comes up again and could be the legal vehicle that completely kills the Biden administration's mandate to move to EVs. Recently the courts have slapped down the EPA and the ATF for exceeding their congressionally mandated authority. They could do so again in the matter discussed above thus saving us from another fanciful leftwing economic debacle.

 

[DeluxAuto]

Kinda funny that the only program that the Republicans created that is worth a damn is now a major source of their misguided consternation.