Reading Room Document

Delegation of Authority to State Governors in End-User Gasoline Allocation Program

This document is a memorandum opinion for the Secretary of Energy regarding the Emergency Petroleum Allocation Act of 1973 (EPAA) and the delegation of powers to State Governors in the end-user gasoline allocation program. The document addresses the constitutional issues surrounding the delegation of powers to the Governors, concluding that it is authorized as long as it does not contravene State law. It also discusses the authority of the President to require end-user allocation of gasoline under EPAA, concluding that the proposed controls are within the scope of the Act. The document raises questions about the constitutionality of delegating federal power to a Governor and whether EPAA authorizes the type of end-user allocation controls proposed.

May 25, 1979