The Decision That May Upset the Administrative State

Last month, the Supreme Court decided that Congress may not authorize the Environmental Protection Agency to address an issue of great economic and political importance or significance unless Congress speaks precisely in allowing it to do so. According to analysts, environmentalists and even Presiden Biden, this “major question” issue is a step backward for the environment and for the administrative state’s ability to address problems like climate change. 

Dr. Donald F. Kettl is professor emeritus at the University of Maryland and former dean of its School of Public Policy. He is the author of many books, including the Politics of the Administrative Process, System Under Stress and The Next Government of the United States.  He has a GovExec.com post headlined “How the Supreme Court’s West Virginia v. EPA Decision Will Upset the Administrative World.” He joined the podcast to discuss the EPA decision and what it means for the administration of government.