Southeastern Legal Foundation filed a lawsuit on behalf of dozens of United States Congress members, industry associaitons, companies, and think tanks challenging perhaps the most audacious seizure of pure legislative power over domestic economic matters attempted by the executive branch since the 1950’s. The EPA has assumed for itself the authority to promulgate greenhouse-gas emission standards for new motor vehicles and stationary sources subject to the Clean Air Act. But recognizing that it lacked legal authority to do this, it tried to tailor the rules – essentially trying to fit a square peg in a round hold.
SLF v. EPA
Supreme Court Declares EPA Power Grab Illegal
About the Case
Case Status
Closed - Won
Court
United States Supreme Court
Why This Matters
Our Constitution prohibits the executive branch from repealing or amending parts of duly enacted statutes. And that is for good reason – separation of powers demands the power to make law and execute the law are not held by the same people.
The EPA however, has forgotten these basic foundational principles. Instead, it assumed authority that it does not have to rewrite the Clean Air Act to target a select universe of greenhouse gas emitters.
As James Madison captured in Federalist 51, our federal structure is designed to give unique powers to each branch of government for “keeping each other in their proper places” – the critical separation of powers principles.
The Constitution contemplates that each branch of government will jealously guard its role, thus protecting individual liberty. Although we learn this in middle-school civics class, too many people quickly forget the critical role our government structure plays in guaranteeing our substantive freedoms. If you fall into the camp that can remember Schoolhouse Rock’s “I’m Just a Bill” but can’t quite remember the words to “Three Ring Government,” you are not alone. Members in all three branches of our federal government frequently “forget” them too.
Fortunately, the U.S. Supreme Court recognized the EPA’s blatant disregard for its lawful boundaries and reaffirmed that agencies are not free to “adopt . . . unreasonable interpretations of statutory provisions and then edit other statu- tory provisions to mitigate the unreasonableness.”
Why This Matters
Our Constitution prohibits the executive branch from repealing or amending parts of duly enacted statutes. And that is for good reason – separation of powers demands the power to make law and execute the law are not held by the same people.
The EPA however, has forgotten these basic foundational principles. Instead, it assumed authority that it does not have to rewrite the Clean Air Act to target a select universe of greenhouse gas emitters.
As James Madison captured in Federalist 51, our federal structure is designed to give unique powers to each branch of government for “keeping each other in their proper places” – the critical separation of powers principles.
The Constitution contemplates that each branch of government will jealously guard its role, thus protecting individual liberty. Although we learn this in middle-school civics class, too many people quickly forget the critical role our government structure plays in guaranteeing our substantive freedoms. If you fall into the camp that can remember Schoolhouse Rock’s “I’m Just a Bill” but can’t quite remember the words to “Three Ring Government,” you are not alone. Members in all three branches of our federal government frequently “forget” them too.
Fortunately, the U.S. Supreme Court recognized the EPA’s blatant disregard for its lawful boundaries and reaffirmed that agencies are not free to “adopt . . . unreasonable interpretations of statutory provisions and then edit other statu- tory provisions to mitigate the unreasonableness.”