Share

Reiter Discusses Application of Major Questions Doctrine in Law360

In the News
07.10.2025

A recent Law360 article examines the growing debate over the U.S. Supreme Court’s major questions doctrine in the context of legal challenges to President Donald Trump’s global tariffs. While much attention focuses on whether the doctrine will shape the outcome of these tariff cases, Stinson LLP Senior Counsel Harvey Reiter highlights other significant examples where courts have applied the doctrine — sometimes expansively — in past regulatory decisions.

The major questions doctrine holds that federal agencies must have clear congressional authorization before taking actions with significant economic or political impact. Reiter points to a 2023 Fourth Circuit Clean Water Act case in which the court applied the doctrine even though the Environmental Protection Agency (EPA) was not a party. The court speculated that the EPA would have exceeded its authority had it sided with an advocacy group challenging a shrimp trawler’s practice of discarding unwanted fish. Reiter questioned the court’s reasoning, calling it an overly broad application of the doctrine and noting that the issue "doesn’t strike me as a major question."

Later in the article, Reiter also notes the possibility that the Supreme Court may ultimately avoid ruling directly on the doctrine’s application in the tariff cases, instead deciding the matter on broader constitutional separation-of-powers grounds.

Sign in to Law360 to read the full article.

Contact

Media Contact

Elle Moxley
Media Relations Manager
816.691.3480
elle.moxley@stinson.com

Subscribe to Stinson's
News & Insights
Jump to Page

Stinson LLP Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek