What is the Major Questions Doctrine?

In the controversial Supreme Court case, West Virginia v. EPA, the high court established a new regime to limit the power of administrative agencies called the "major questions doctrine." So what is the major questions doctrine, and what does it mean for congressional and agency power. We asked a leading environmental and administrative expert, Professor Lisa Heinzerling of Georgetown Law to explain. Federal agencies are given great power to operate within the authority granted to them by congress. Historically, courts have given agencies deference (known as "Chevron deference" after another famous Supreme Court case) as long as they are not operating in a way that is expressly restricted and where they can show that their interpretation is reasonable. Under the major questions doctrine, however, courts will no longer defer to agencies where the issue at hand is of critical political or economic significance. In other words, the deference by the courts stops when it comes to "major questions." ► For more legal explainers and interviews with the titans of law visit http://www.talksonlaw.com ____________________ Outline 0:00 Introduction of Prof. Lisa Heinzerling of Georgetown Law 0:20 When was the major questions doctrine first used? 1:18 What does major questions mean now? 2:00 The current test for major questions 2:48 Major questions doctrine as applied West Virginia v. EPA 3:30 The multi-factored test for what is a "major question" 4:20 Clarity review in the recent West Virginia case.