Whitman v. American Trucking Associations
Citation: 531 U.S. 457 (2001)
Facts
The EPA promulgated National Ambient Air Quality Standards under the Clean Air Act, which directs the agency to set standards at a level “requisite to protect the public health” with an “adequate margin of safety.” The D.C. Circuit held that this direction was an unconstitutional delegation of legislative power unless the EPA adopted a limiting construction.
Issue
Does the Clean Air Act’s directive to set ambient air quality standards “requisite to protect the public health” constitute an unconstitutional delegation of legislative power to the EPA?
Holding
No. The Court unanimously held that the statute’s “intelligible principle” — protect public health with an adequate margin of safety — is a sufficient constraint on the EPA’s discretion. The delegation was constitutional.
Rule
Non-delegation doctrine (modern): Congress may delegate authority to agencies if it provides an “intelligible principle” to guide the agency’s exercise of discretion. Broad grants of authority with general standards satisfy the requirement. The Court has not struck down a delegation on non-delegation grounds since 1935 (A.L.A. Schechter Poultry and Panama Refining Co.).
Significance
- Reaffirms the broad scope of permissible delegation under modern doctrine
- The Court held that the EPA may not use cost as a factor when setting primary ambient air quality standards (separate holding)
- Justice Thomas concurred, questioning the intelligible principle test and suggesting that some delegations may cross constitutional limits — foreshadowing renewed interest in the non-delegation doctrine
- Several Justices in Gundy v. United States (2019) signaled willingness to revive a more robust non-delegation doctrine