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Major Questions (And Answers): A Call To Quiet The Quartet, Michael Reaves
Major Questions (And Answers): A Call To Quiet The Quartet, Michael Reaves
Journal of the National Association of Administrative Law Judiciary
This Comment calls for action to quiet the Quartet—encouraging executive agencies to mitigate the pernicious impact of MQD. In Part I, this Comment discusses the political landscape in the area of climate action. Part II wades through the nearly forty-year doctrinal shift of delegation—from humble beginnings in a law review article from then-Judge Breyer in 1986, to the application of major questions principles at various stages of agency-deference analyses. Part III discusses the Quartet and its role in MQD as a determinative legal canon. Recent scholarship calls into question if there are multiple iterations of MQD, and whether the most …