Restraining the Powers of Federal Agencies - EPA Overreach

What does a case involving the Clean Air Act have to do with restraining federal agencies? In the Supreme Court’s opinion in West Virginia v. Environmental Protection Agency, the court found that the agency had exceeded its statutory powers. But that was not all. What started as a question of whether or not the EPA’s plan to reduce carbon-dioxide emissions from the electric grid was constitutional ⏤ turned into a statement about the limits of discretion granted to executive agencies.

The EPA claimed the authority to transform electrical generation throughout the country. Was this a power Congress had delegated to the EPA under the Clean Air Act? According to the majority of the court ⏤ NO.

Executive agencies cannot enact rules beyond the powers specifically delegated to them by legislation. It appears the EPA, along with most if not all of the executive agencies, believe they have the power to run the country.

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