On this week’s episode of the Touro Law Review Podcast, we are joined by Eli Nachmany for a discussion of the Supreme Court’s decision earlier this year in West Virginia v. EPA. In that case, the Court applied the major questions doctrine in interpreting the underlying grant of statutory authority for an Environmental Protection Agency rule that would have required coal-fired power plants to “reduce their own production of electricity or subsidize increased generation by natural gas, wind, or solar sources.” In his conversation with Associate Dean Rodger Citron, Nachmany discusses a number of administrative law issues raised by the major questions doctrine, including whether the doctrine should be understood as a canon of statutory construction or a development in the nondelegation doctrine. They agree that, while it is clear that West Virginia v. EPA is an important case, the exact contours of the major questions doctrine will be determined in future cases.
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Our guest today is Eli Nachmany .
Eli Nachmany
Eli Nachmany is a law clerk for Judge Steven J. Menashi on the U.S. Court of Appeals for the Second Circuit. He was previously a Senior Research Fellow with the C. Boyden Gray Center for the Study of the Administrative State at the George Mason University Antonin Scalia Law School. He co-authored a Washington Post op-ed about West Virginia v. EPA with Professor Jennifer Mascott and wrote an essay for the Yale Journal on Regulation‘s Notice & Comment Blog entitled “There Are Three Major Questions Doctrines.”
Nachmany graduated magna cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Prior to law school, he worked for two years in the executive branch, serving as a domestic policy aide in the White House and as the speechwriter to the U.S. Secretary of the Interior. He earned his B.S. summa cum laude from New York University in sports management. In his spare time, Eli is a freelance NFL Draft columnist for Sports Illustrated. All views expressed on the podcast are his alone.
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