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CBD touts 'non-delegation doctrine' in appeal of CRA challenge

November 05, 2018
The Center for Biological Diversity (CBD) is invoking the little-used “non-delegation doctrine” in its appeal that aims to find the Congressional Review Act (CRA) unconstitutional, arguing that its bar on replacing repealed rules with new policies in “substantially the same” form the law leaves agencies with no “intelligible principle” to guide them. CBD's Oct. 31 opening brief in CBD v. Zinke, et al. , in the U.S. Court of Appeals for the 9th Circuit, claims that the CRA, under which...

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