In Massachusetts v. Environmental Protection Agency, the Supreme Court required the EPA to take action to comply with the Clean Air Act. Is this a proper role for the courts, or should forcing action be left to Congress, which delegated its legislative authority to the EPA under the act and has control over the agency’s authority and budget? The EPA, like the FDA, is headed by a presidential appointee. Should the presidential administration have unbridled discretion not to enforce laws? Is Non-enforcement essentially a “political question” even though the Supreme Court did not treat it as one?
Sample Solution