The Supreme Court's ruling "could threaten EPA's enforcement program as we know it" said Kevin Minoli, a former acting general counsel at the agency. | Mark Schiefelbein/APis threatening to unleash chaos throughout the federal government, creating uncertainty about the limits on agencies’ power to punish law-breakers.held that the Constitution’s 7th Amendment guarantee to a trial by jury applies when the SEC seeks civil penalties for securities fraud.
EPA Administrator Michael Regan told reporters on Thursday that he was still digesting the news and that agencies across the federal government would have to figure out its impact. The National Labor Relations Board and Department of Labor also make extensive use of their so-called administrative law judges and are facing ongoing litigation of their own, though some legal experts said the pair may not be as affected by Thursday’s ruling as other federal agencies.
Roberts argued his ruling is relatively narrow — but in her dissent, Justice Sonia Sotomayor said the results will be “earthshattering” and “a massive sea change.” “The agency and ultimately courts will have to decide if the regulatory regime being enforced is more akin to common law or whether it is wholly new” and thus not the kind of law for which the Constitution guarantees a jury trial, like the OSH Act, Bodine said.One is whether a defendant could choose to undergo administrative enforcement proceedings instead of a judicial case.
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