This Supreme Court Decision Should Worry the EPA and FDA
Under existing law, vast discretion isn’t unconstitutional provided there’s an intelligible principle to guide it. The laws that delegate authority for regulation to the Environmental Protection Agency or the Food and Drug Administration confer that authority in extremely general terms — but express the goals of a cleaner environment and safer food and drugs
Yet Gorsuch argued that the very doctrine of the intelligible principle makes no sense, and “has no basis in the original meaning of the Constitution.” In his view, Congress can assign “essentially fact-finding responsibility” to the executive branch. But it can’t delegate “legislative power,” understood very roughly to mean the exercise of central policy-making judgment characterized by “unfettered discretion.”
I think this is a interesting court case to watch, as sometimes administrative agencies do abuse their power making public policy when that's the job of the congress.