Amicus Briefs
West Virginia v. EPA
CASE SUMMARY
In this amicus brief, NCLA argued that the judgment of the U.S. Court of Appeals for the D.C. Circuit should be reversed. The Constitution vests all legislative power in Congress. This means that national policy decisions are to be made by Congress, not by administrative agencies. The decarbonization of the energy industry—which the decision below authorizes EPA to impose—is a major national policy decision that Congress has not expressly made. Further, Congress may not delegate its legislative power over this decision for EPA to make in its stead.
The Environmental Protection Agency argued that the CAA granted the agency a license to undertake virtually any program it deemed appropriate to address climate change. If construed so broadly, the CAA would divest Congress’ power to legislate on air-quality issues, weakening the Constitution’s separation of powers. NCLA’s brief offered several textual and structural reasons why the CAA did not—and Congress could not—divest legislative power.
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August 11, 2023