West Virginia v. EPA: Major Questions for the Future of the Administrative State and American Federalism.

This article focuses on the impact of state attorney general (AG) lawsuits and the Supreme Court's formal adoption of the major questions doctrine in West Virginia v. EPA (2022) on federal agency authority and American federalism. The major questions doctrine requires clear congressional authorization for agencies to exercise powers of vast economic and political significance, thereby limiting agency regulatory authority and empowering states to challenge federal actions through litigation. State AGs have frequently invoked this doctrine in partisan lawsuits against federal agencies, particularly during the Biden administration, influencing national policy and prompting increased judicial scrutiny of agency powers alongside a decline in Chevron deference and potential revival of the nondelegation doctrine. These developments have significant implications for intergovernmental relations, fostering both ideological conflict and cooperation between the federal government and states, as well as among states themselves, with consequences for political polarization and the future of the administrative state.