Court’s Ruling On EPA Climate Rule Elevates ‘Major Questions’ Doctrine

The Supreme Court’s just-issued decision restricting EPA’s Clean Air Act authority to regulate power sector greenhouse gases is elevating the importance of the judicial “major questions” doctrine that imposes strict scrutiny on agency rulemaking, even as the conservative majority is not fully outlining the limits of the agency’s authority. The June 30 opinion in West Virginia v. EPA -- authored by Chief Justice John Roberts and joined by the court’s five other conservatives -- holds that the Obama EPA’s...