Whitman v. American Trucking Associatio — Stevens, J…

Summary

Justice Stevens concurs in the judgment, agreeing that the delegation of power to the EPA is constitutional under § 109, but argues that agency rulemaking authority should be characterized as legislative power rather than treated as otherwise. He asserts that delegations are constitutional so long as the statute provides a sufficiently intelligible principle. Justice Breyer and Justice Thomas file separate concurrences discussing regulatory cost considerations and constitutional text respectively.