D.C. Circuit Rejects Delegation to International Environmental Institutions

by Julian Ku

Just a quick note to point out that the U.S. Court of Appeals for the D.C. Circuit issued a potentially important decision Tuesday rejecting what it suggested would be an impermissible delegation of administrative authority to decisionmaking bodies created by the Montreal Protocol on Substances that Deplete the Ozone Layer. (This decision would be worth noting even if it did not cite one of my law review articles, but because it does, it is even more important!) I wish I had time to analyze it in greater detail, but here are some key grafs:


One Response

  1. “All legislative powers herein granted” are vested in Congress, not in the President, much less in any international body.

    It is not well known that the Framers extensively debated the non-delegation doctrine in the early Congresses. One interesting debate was over the delegation to the Executive of the ability to define postal routes. Madison among others successfully argued that this was unconstitutional. See my paper on the origins of the non-delegation doctrine.

    See also my own article on NRDC v. EPA.

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