Gus Hurwitz on West Virginia v EPA
Communications Daily – ICLE Director of Law & Economics Programs Gus Hurwitz was quoted by Communications Daily in a story about the Supreme Court’s decision in West Virginia v. EPA and the impact it could have on U.S. administrative law broadly. You can read full story (behind a subscriber firewall) here.
“Huge decision,” emailed Gus Hurwitz, professor at the University of Nebraska College of Law. “The big picture is that it shifts power from the executive back to the legislative, with a note from the Court reading ‘Dear Congress, do your damn job,'” he said. “Title II-based net neutrality rules are DOA,” he said. The opinion raises questions about how the FTC can use its unfair methods of competition (UMC) authority, he said: “The most useful gloss is probably that if an agency wants to reshape an important industry the authority and tools it uses need to be clearly delineated by Congress. That doesn’t bode well for the FTC using its UMC authority to go after big tech or longstanding and widespread business practices.”