Monsanto v. Durnell · ¶88

Second, the Act raises questions about Congress’s ability to delegate core legislative power to the EPA. As the Court explains, ante, at 3, Congress granted the EPA the authority to issue regulations for carrying out the Act. §136w(a)(1). The EPA has thereby issued “extensive regulations . . . dictating what must appear on a pesticide’s label.” Ante, at 3. Through these label regulations, the EPA exercises immense power over private businesses and individuals. Violating certain regulations is a federal offense. §136j(a)(2)(S). The EPA thus appears to “make substantive rules . . . punishable with fines or imprisonment,” a core legislative power that cannot be delegated. Learning Re sources, Inc. v. Trump, 607 U. S. 229, 318 (2026) (THOMAS, J., dissenting).

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