Ultra vires agency actions
🔷 Ultra Vires Agency Actions
🔹 What Does "Ultra Vires" Mean?
Ultra vires is a Latin term meaning "beyond the powers." In administrative law, an ultra vires action is one taken by a government agency or official that exceeds the legal authority granted to it by the Constitution or enabling statute.
🔹 Why Are Ultra Vires Actions Important?
Agencies are creatures of statute — they only have the powers granted by Congress.
Any action taken beyond those powers is unlawful and can be struck down by the courts.
Prevents the administrative state from becoming too powerful or arbitrary.
Ensures that the separation of powers is maintained (legislature makes laws, agencies execute within limits).
🔹 Types of Ultra Vires Agency Actions
Acting without statutory authority
Exceeding granted powers
Violating procedural rules
Misinterpreting statutes or the Constitution
Taking actions that conflict with rights or constitutional norms
🔹 Legal Standard
Courts reviewing agency actions typically apply:
Chevron Deference: If the statute is ambiguous, courts defer to reasonable agency interpretations (Chevron v. NRDC, 1984).
No Deference: If the agency is acting clearly outside its authority, courts do not defer and declare the action ultra vires.
🔹 Key Case Laws on Ultra Vires Agency Actions
1. FDA v. Brown & Williamson Tobacco Corp. (2000) 529 U.S. 120
Facts:
The FDA tried to regulate tobacco products as "drugs" and "devices" under the Food, Drug, and Cosmetic Act.
Tobacco companies challenged this action as beyond the FDA’s statutory powers.
Judgment:
The Supreme Court ruled that the FDA lacked the authority to regulate tobacco under that statute.
Congress had intended tobacco to be regulated differently, and the FDA had previously disclaimed such authority.
Significance:
A textbook example of an ultra vires action.
Agencies cannot assume powers not explicitly granted, even in the name of public health.
2. INS v. Chadha (1983) 462 U.S. 919
Facts:
The Immigration and Naturalization Service (INS) suspended Chadha’s deportation, but the House of Representatives overturned it via a “legislative veto.”
Judgment:
The Supreme Court struck down the legislative veto as unconstitutional, holding that it violated the separation of powers.
Significance:
Clarified that agencies cannot be controlled by informal legislative tools not authorized by the Constitution.
Reinforced the idea that agencies must operate within constitutional boundaries.
3. City of Arlington v. FCC (2013) 569 U.S. 290
Facts:
The FCC interpreted a statute to allow itself to set limits on how long local governments could take to approve cell tower applications.
Local governments argued the FCC had no authority to regulate local permitting timelines.
Judgment:
The Court ruled that even jurisdictional questions fall under Chevron deference if Congress has ambiguously delegated authority.
Significance:
Not ultra vires in this case, but highlighted the boundaries: if Congress was clear, agencies cannot go beyond that (i.e., ultra vires).
4. Utility Air Regulatory Group v. EPA (2014) 573 U.S. 302
Facts:
The EPA tried to regulate greenhouse gas emissions from small sources (like buildings) using the Clean Air Act, which was designed for larger pollutants.
Judgment:
The Supreme Court ruled that the EPA had exceeded its statutory authority by trying to regulate small sources that the statute did not clearly cover.
Significance:
Another strong example of an ultra vires action.
Agencies cannot stretch statutes beyond what Congress intended.
5. West Virginia v. EPA (2022) 597 U.S. ___
Facts:
EPA issued the Clean Power Plan, setting carbon emissions limits and effectively restructuring the nation's energy grid.
States and companies sued, arguing EPA overstepped its authority.
Judgment:
The Court ruled the EPA exceeded its statutory authority under the Clean Air Act.
Introduced the “Major Questions Doctrine” — if an agency asserts power over an issue of vast economic and political significance, it must have clear Congressional authorization.
Significance:
Landmark case.
Reinforces strict limits on agency expansion into major policy areas without clear legislative backing.
6. MCI Telecommunications Corp. v. AT&T (1994) 512 U.S. 218
Facts:
FCC interpreted the Communications Act to allow it to deregulate long-distance rates for some carriers by treating it as “forbearance.”
Judgment:
Supreme Court held that the FCC could not eliminate filing requirements for some carriers—it was beyond their statutory authority.
Significance:
Even deregulatory actions can be ultra vires if they go beyond the powers granted by Congress.
7. Bowen v. Georgetown University Hospital (1988) 488 U.S. 204
Facts:
HHS tried to apply cost-limiting regulations retroactively to hospitals under Medicare reimbursement.
Judgment:
The Court struck down the action, stating that Congress must clearly authorize retroactive rulemaking, and it had not.
Significance:
Retroactive rulemaking by an agency is ultra vires unless explicitly permitted.
Protects the principle of legal certainty.
🔹 Summary Table of Key Cases
| Case | Agency | Ultra Vires Action | Court’s Decision |
|---|---|---|---|
| FDA v. Brown & Williamson | FDA | Tried to regulate tobacco | Action struck down |
| INS v. Chadha | INS/Congress | Legislative veto over agency | Unconstitutional |
| Utility Air Group v. EPA | EPA | Regulating minor sources | Ultra vires |
| West Virginia v. EPA | EPA | Clean Power Plan | No clear authority – invalid |
| MCI v. AT&T | FCC | Deregulated tariffs without authority | Struck down |
| Bowen v. Georgetown Univ. Hospital | HHS | Retroactive regulation | Ultra vires |
| City of Arlington v. FCC | FCC | Jurisdictional regulation | Upheld (Chevron applies) |
🔹 Key Takeaways
Agencies must act within their statutory limits — even in pursuit of good policies.
Courts will invalidate regulations that go beyond delegated authority.
The Major Questions Doctrine (from West Virginia v. EPA) requires clear congressional authorization for big policy moves.
Chevron deference does not apply where statutes are clear or authority is lacking.
Agencies cannot regulate retroactively, change statutory meaning, or act on assumed powers.
🔹 Conclusion
Ultra vires agency actions are a serious constitutional and administrative law concern. Courts play a vital role in ensuring that:
Agencies do not become lawmakers.
The balance of powers between Congress, the Executive, and the Judiciary is preserved.
The rule of law is maintained by requiring clear legal authority for every agency action.
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