Congress often passes major legislation setting out broad principles, and then lets the federal agencies sort out the details. But what should an agency do if Congress’s instructions are ambiguous or silent?

That was the question facing the Supreme Court 40 years ago, when the Reagan administration's Environmental Protection Agency adopted a business-friendly interpretation of key provisions of the Clean Air Act. After the Natural Resources Defense Council sued, the Supreme Court set out a principle that would define the extent of agency power for decades – until last year, when Loper Bright upended the way courts evaluate agency actions.

This season on Uncommon Law, we’ll explore the rise and fall of agency power, and what that could mean for the future of regulation in America. Plus: Will President Trump and his advisor Elon Musk be able to use the new legal landscape to eliminate the regulations they find too burdensome?

Featuring:

David Doniger, Senior Attorney with the Natural Resources Defense Council
Jennifer Hijazi, environment reporter for Bloomberg Industry Group

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Host/Producer: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Additional Editing: Andrew Satter

Cover Art: Jonathan Hurtarte

The Call-In Show 3.31.2021