Emerging Answers to Major Questions
Legal Planet
JULY 11, 2022
In November, I wrote a post posing “some major questions about the major questions doctrine.” In West Virginia v. EPA , Chief Justice Roberts starts supplying some answers to those questions. In particular, he seems to be using a narrower four-factor approach to decide what constitutes a “major question.”. As we all know, the West Virginia case involved the Obama Administration’s signature climate change regulation, the Clean Power Plan.
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