> If Congress wants the EPA to have this power, let them vote to give it
That is precisely what they did. It was called the Clean Air Act, and Congress passed it in 1963.
SCOTUS's reasoning here is hinky, to use an official legal term: it's clear that Congress has empowered the EPA here, but that SCOTUS finds it easier to claim that they never truly did rather than that they oughtn't to have.
That is precisely what they did. It was called the Clean Air Act, and Congress passed it in 1963.
SCOTUS's reasoning here is hinky, to use an official legal term: it's clear that Congress has empowered the EPA here, but that SCOTUS finds it easier to claim that they never truly did rather than that they oughtn't to have.