US Supreme Court’s EPA Ruling Expected To Have Limited Impact On FDA Regulations

Court restricts EPA’s ability to regulate greenhouse gas emissions saying agency must have “clear congressional authorization” to address “major questions.” Decision is not likely to pose a problem for the FDA unless it were to regulate something new, attorneys say.

Power plant — US Supreme Court restricts EPA regulation of power plant emissions • Source: Shutterstock

Government agencies were dealt a blow by the US Supreme Court’s decision limiting the Environmental Protection Agency’s ability to regulate carbon emissions from power plants. The court held that an agency must show it was specifically granted authority by Congress to implement regulations that deal with “major questions” that are consequential. But attorneys say the ruling is not expected to have a significant effect on the US Food and Drug Administration given the well-defined authority Congress has given it.

In its 30 June decision in West Virginia v. EPA, the court ruled 6-3 that Congress had not granted...