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.

Carrie Severino — Carrie Severino is chief counsel and policy director to the Judicial Crisis Network.

Most Popular

Politics & Policy

Broward’s Cowards

It is impossible to imagine circumstances under which Broward County sheriff Scott Israel could attempt to perform his duties with the confidence of the public. He should resign immediately, and if, as he promises, he refuses to go quietly, then he should be shown the door by the people he professes to ... Read More
Culture

Courage: The Greatest of Virtues

EDITOR’S NOTE: The following is Jonah Goldberg’s weekly “news”letter, the G-File. Subscribe here to get the G-File delivered to your inbox on Fridays. Dear Reader (Or Listener), As the reporter assigned the job of writing the article about all of Sidney Blumenthal’s friends and supporters told his ... Read More
Immigration

My American Dream

This morning, at 8 a.m., I did something I’ve wanted to do for as long as I can remember: I became an American. I first applied for a visa in early 2011, and since then I have slowly worked my way through the system — first as a visa-holder, then as a permanent resident (green card), and, finally, as a ... Read More
Politics & Policy

CNN’s Shameful Town Hall

CNN recently hosted an anti-gun town hall featuring a number of grieving children and parents from Stoneman Douglas High School in Parkland, Fla., who aimed their ire at the National Rifle Association, politicians peripherally associated with the NRA, and anyone who didn’t say exactly what they wanted to hear. ... Read More
U.S.

The Gun-Control Debate Could Break America

Last night, the nation witnessed what looked a lot like an extended version of the famous “two minutes hate” from George Orwell’s novel 1984. During a CNN town hall on gun control, a furious crowd of Americans jeered at two conservatives, Marco Rubio and Dana Loesch, who stood in defense of the Second ... Read More