It is valuable for gov’t agencies to be able to act broadly on their mandates without needing congress to dictate everything. As the dissent puts it, “A key reason Congress makes broad delegations like Section 111 is so an agency can respond, appropriately and commensurately, to new and big problems.”

We can hope that Congress will step up and legislate, but that seems pretty unrealistic to me. I fear that this is just the latest wave of successes by the party that wants our government to be as toothless and inept as possible and already has a stranglehold on Congress for the foreseeable future.