Bench Memos

Amicus Curiae Brief in Chamber of Commerce v. EPA

Yesterday, my organization, the Judicial Crisis Network, filed an amicus brief in the Supreme Court on behalf of several well-respected administrative law professors in support of a (hopefully) uncontroversial notion: An administrative agency can’t simply make up its own rules as it goes along. In this case, Chamber of Commerce et al. v. Environmental Protection Agency, the EPA’s interpretation of the Clean Air Act ignored numerous well-established canons of statutory interpretation that ensure that an executive agency’s power remains limited by Congress’s grant of authority. The effect of the EPA’s interpretive strategy, we argue, was for the purpose of obtaining vastly broader authority than Congress could have ever intended to confer, allowing the EPA to essentially rewrite the Clean Air Act at will.

Read the whole brief here.