ICYMI: House, Senate Democrats push regulators to demand data from Bitcoin miners
A group of Congress members including US Sen. Elizabeth Warren and US Rep. Jared Huffman sent
Huffman told The Block that nothing in the Supreme Court's decision touched on the agency's authority to investigate, under section 114 of the Clean Air Act. Therefore, he believes it would not impact the EPA's ability to act in this particular case. Typically, agencies have been subjected to the more permissive Chevron doctrine, which states that as long as regulations don’t conflict with the language of a statute, then agencies can fill in any gaps.
Courts would likely apply a heightened review standard when agencies use a long-existing statute to address a new problem. “If the EPA, under that executive order did the analysis and then wrote a regulation that found authority to regulate blockchain statute that's been in existence for 35 years the court may say ‘before we agree that the EPA has the broad authority to be the financial regulator of this currency, we're going to have expected Congress to give them that authority clearly.
Following the executive order, over 20 House Democrats sent a letter to the EPA calling for increased oversight of proof-of-work mining in April.
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