Industrial Union Department V. American Petroleum Institute - Subsequent Developments

Subsequent Developments

Most scholars have said that the interpretation of statute ignored a foundational principle of statutory interpretation. Generally, specific language governs general language. In this case, the court read the more general provision of Section 3(8) as governing the specific process specified in Section 6(b)(5).

The case also marks the current state of affairs for the non-delegation doctrine. When the court is faced with a provision that appears to be an impermissible delegation of the authority, it will use tools of statutory interpretation to try to narrow the delegation of power.

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