Major Questions Doctrine
In the controversial Supreme Court case, West Virginia v. EPA, the high court established a new regime to limit the power of administrative agencies called the "major questions doctrine." So what is the major questions doctrine, and what does it mean for congressional and agency power? We asked a leading environmental and administrative law expert, Professor Lisa Heinzerling of Georgetown Law to explain.
Federal agencies are given great power to operate within the authority granted to them by congress. Historically, courts have given agencies broad discretion (known as "Chevron deference" after another famous Supreme Court case) as long as they are not operating in a way that is not expressly restricted and where they can show that their interpretation is reasonable. Under the major questions doctrine, however, courts will tighten its leash on agencies where the issue at hand is of critical political or economic significance. In other words, the deference by the courts stops when it comes to "major questions."
