Post West Virginia v. EPA the Administrative State’s Door Is Still Ajar

(Excerpt) The Supreme Court’s decision in West Virginia v. EPA, which carves out a new rulemaking standard for Congress and federal agencies, may be as significant for its articulation of the Major Questions Doctrine (“MQD”) as it is for its treatment of Article III standing and jurisprudential mootness. This Essay examines lower courts’ subsequent treatment of West Virginia v. EPA to add dimension to the inquiry of whether the new MQD has upended the administrative state or if it is merely another arrow in the quiver for judges that prefer a weaker federal government or nondelegation altogether. It also explores whether the opinion, in reaching its MQD merits, redefined the contours of standing and mootness jurisprudence

Publication Details

Journal
eYLS (Yale Law School)
Published
2025-02-04
Primary Topic
Property Rights and Legal Doctrine
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Post West Virginia v. EPA the Administrative State’s Door Is Still Ajar

eYLS (Yale Law School)
Property Rights and Legal Doctrine
article

Post West Virginia v. EPA the Administrative State’s Door Is Still Ajar

article en

Abstract

(Excerpt) The Supreme Court’s decision in West Virginia v. EPA, which carves out a new rulemaking standard for Congress and federal agencies, may be as significant for its articulation of the Major Questions Doctrine (“MQD”) as it is for its treatment of Article III standing and jurisprudential mootness. This Essay examines lower courts’ subsequent treatment of West Virginia v. EPA to add dimension to the inquiry of whether the new MQD has upended the administrative state or if it is merely another arrow in the quiver for judges that prefer a weaker federal government or nondelegation altogether. It also explores whether the opinion, in reaching its MQD merits, redefined the contours of standing and mootness jurisprudence

eYLS (Yale Law School)
Peace, Justice and strong institutions
Openalex Percentile: Top 33%
Property Rights and Legal Doctrine
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Post West Virginia v. EPA the Administrative State’s Door Is Still Ajar · eYLS (Yale Law School) (2025) | TGRS Research Map | TGRS