DEFINING “EXTRAORDINARY”: LIMITING PRINCIPLES FOR THE MAJOR QUESTIONS DOCTRINE IN WEST VIRGINIA v. EPA
Volume 96, No 2, Spring 2024
By Arlo Blaisus [PDF]

The field of administrative law is facing a moment of unprecedented upheaval. For almost forty years, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. has been the central pillar of administrative law guiding the interpretation of congressional acts by federal executive agencies. The Chevron doctrine has promoted good governance and democratic accountability by directing judges to defer to the policy expertise of federal agencies and providing a workable test for analyzing administrative law cases. Chevron’s influence is waning, though, driven by the Supreme Court’s growing distrust of administrative agencies. This skepticism recently coalesced into a new Major Questions doctrine (“Major Questions”), which undercuts Chevron and threatens the federal government’s ability to address complex challenges.