KGIII Matchup
Michael Regan (EPA)
vs.
Richard Cordray (ED)
You don’t have to ask him twice. EPA Administrator Regan used the broad and unchecked authority Congress unconstitutionally delegated to him under the American Innovation and Manufacturing Act of 2020 to decide which companies receive allowances to use hydrofluorocarbons (HFCs), which are refrigerants used in air conditioners and refrigerators. Congress sought to phase down production of HFCs but illegally delegated power to Regan to pick the winners and losers. NCLA client Choice Refrigerants was one such loser, with Regan allocating some of Choice’s rightful allowances to a former business partner and a Chinese-owned company that infringed on Choice’s patent and engaged in illegal dumping of HFCs into the U.S. market.
Who needs Congress or the Supreme Court?! Richard Cordray, former Chief Operating Officer of Federal Student Aid at the Department of Education, couldn’t take no for an answer. The Supreme Court called him out when he tried to “pass a law” affecting millions of Americans and costing an estimated $400 billion. But pay no mind to the nation’s highest Court or the fact that the last time we checked Mr. Cordray wasn’t a member of Congress. Seemingly unfettered by the Constitution or a Supreme Court loss, he cooked up more unlawful loan forgiveness schemes. Maybe student loan forgiveness is a good policy; maybe it’s not. But it is unequivocally the job of Congress, not Richard Cordray, to make that call. Meanwhile, parents of college-bound students were stymied by the botched rollout of FAFSA “simplification.”
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