Donald Kochan (George Mason) offers an affirmative answer to the titular question:
The first administrative and constitutional law infirmity in the SEC’s proposed climate disclosure rule rests on an application of the “major questions doctrine,” which the U.S. Supreme Court recently gave increased recognition through its 2022 decision in West Virginia v. EPA. ...
The second administrative and constitutional law infirmity derives from an application of the nondelegation doctrine. For the SEC rules, this doctrine has received little attention. Indeed, the inattention likely results from the emergence of a stronger major questions doctrine. Many seem to hold a confused belief that the major questions doctrine is either the same as the nondelegation doctrine or a replacement for it. Neither is true. Seeing how each independently operate in a legal challenge to the expected SEC climate disclosure rule is a perfect way to correct these erroneous perceptions.
Go read the whole thing.
