id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
blj-2547	Block, Daniel	The Canary in the West Virginia Coal Mine: How the Major Questions Doctrine Led to the Demise Of Chevron	2025	32	.pdf	application/pdf	10277	355	43	Unlike the federalism canon, the Court has been unable to articulate a workable version of the nondelegation doctrine that demarcates when statutory ambiguity meant to be resolved by the Executive becomes a prohibited delegation of legislative power.107 Justice Gorsuch’s theory purports to resolve this dilemma by asserting that any statutory ambiguity that results in a “major” policy is either an unconstitutional expression of agency powers (MQD) or an “unconstitutional delegation of legislative authority” (nondelegation).108 For the Justice, this means that, unless the matter is wholly mundane or otherwise interstitial, Congress cannot even expressly and specifically delegate decision-making authority to an administrative agency.109 10 Brandeis University Law Journal 2024-2025, Volume 12 intervened and petitioned the Supreme Court to grant certiorari.16 Writing for a unanimous Supreme Court against NRDC, Justice Stevens determined that, because Congress did not articulate a clear meaning of the term “stationary source,” and because the EPA’s bubble rule was not “arbitrary, capricious, or manifestly contrary to the statute,” the Court should defer to the reasoned rulemaking of the EPA.17 Justice Stevens’ opinion established a two-prong test that would become known as the Chevron Doctrine.	cache/blj-2547.pdf	txt/blj-2547.txt