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West Virginia v EPA and What It Means for Climate Policy

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The Non Delegation Doctrine

Patrion: There are justices who appear to be interested in reviving the non delegation doctrine, which would lead to striking don statutes. The non delegation doctrine prohibits delegations to agencies that are so broad that the agency doesn't have an intelligible principle to guide its exercise of its discretion. Patrion: You can certanly imagine a subsequent case in which justice we're opposed to regulation, deciding that a revival s the non delegation Doctrine is appropriate.

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