In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA General Counsel Zhonette Brown to discuss new developments in Choice Refrigerants v. EPA, a case asking the U.S. Supreme Court to revisit the nondelegation doctrine.

The conversation focuses on a wave of amicus briefs filed in support of Supreme Court review, including a brief led by West Virginia and joined by 20 other states, as well as submissions from organizations such as Americans for Prosperity Foundation, Cato Institute, Manhattan Institute, and Southeastern Legal Foundation.

Zhonette explains the key arguments raised in those briefs, including how broad delegations of power to federal agencies can undermine federalism by displacing state authority, why doctrines like the “major questions” rule may not be sufficient to protect the separation of powers, and how shifting regulatory interpretations can create instability for businesses.

The episode also examines arguments that delegation must be grounded in the Necessary and Proper Clause, concerns about courts and agencies effectively supplying their own “intelligible principles,” and why this case is viewed as a strong vehicle for the Supreme Court to take up the nondelegation issue.

Mark, John, and Zhonette close by discussing the road ahead, including the timeline for responses and when the Court is expected to decide whether it will hear the case.