NCLA Challenges BLM's Criminal Lawmaking Authority in Supreme Court Petition
Event summary
- NCLA filed an amicus brief on March 23, 2026, urging the Supreme Court to hear Pheasant v. U.S. and revive the Nondelegation Doctrine.
- The case challenges BLM's authority to criminalize activities on public lands, such as riding a dirt bike at night without a functioning taillight.
- NCLA argues that Congress has improperly delegated legislative power to executive agencies like BLM and EPA.
- The Ninth Circuit's decision to revive criminal charges against Gregory Pheasant further weakens the Nondelegation Doctrine.
The big picture
The case highlights a growing tension between Congress's delegation of legislative power to executive agencies and the constitutional principle that only Congress can make laws. The outcome could reshape the balance of power between legislative and executive branches, particularly in areas like environmental regulation and public land management. The Nondelegation Doctrine, if revived, would require Congress to set clearer standards for agency actions, potentially limiting the scope of regulatory authority.
What we're watching
- Doctrine Revival
- Whether the Supreme Court will grant certiorari and revive the Nondelegation Doctrine to limit executive agency power.
- Regulatory Overreach
- The pace at which courts will push back against broad delegations of legislative authority to executive agencies.
- Governance Dynamics
- How this case may influence future legislative efforts to delegate authority to administrative bodies.
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