Credits: Reuters
WASHINGTON — Democratic senators are set to introduce legislation on Tuesday aiming to reverse a recent Supreme Court decision that limits the regulatory power of federal agencies on issues such as the environment and consumer protection.
Sen. Elizabeth Warren (D-Mass.) will lead the effort by introducing a bill designed to restore the previous standard, known as Chevron deference, which allowed federal agencies some flexibility to interpret laws when issuing regulations under ambiguously written statutes. The bill has the support of nine other Democratic senators, along with Sen. Bernie Sanders (I-Vt.).
“Giant corporations are using far-right, unelected judges to hijack our government and undermine the will of Congress,” Warren stated. The proposed legislation, she added, would “bring transparency and efficiency to the federal rule-making process” and ensure that “corporate interest groups can’t substitute their preferences for the judgment of Congress and expert agencies.”
This bill, the first to address the issue since the Supreme Court’s ruling last month, seeks to codify Chevron deference into law. Previously, the Chevron v. Natural Resources Defense Council decision from 1984 allowed agencies broad interpretative leeway. The recent 6-3 Supreme Court decision, driven by conservative justices, overturned this precedent, a move long sought by business interests and conservatives who argued it granted too much power to unelected bureaucrats. Liberals, on the other hand, defended Chevron for the regulatory flexibility it provided in addressing complex issues like climate change.
The legislation, dubbed the Stop Corporate Capture Act, would not only reinstate Chevron deference but also strengthen the rule-making power of federal agencies in other respects. It includes measures to streamline the often-lengthy regulatory process, requiring industry and interested groups to disclose any industry-funded research and potential conflicts of interest when submitting public comments.
However, with Republicans controlling the House and generally supporting the Supreme Court’s decision, the bill faces an uphill battle. A Republican-backed bill passed the House last year, mandating congressional approval for major federal regulations, but it has stalled in the Democratic-led Senate.
The introduction of Warren’s bill coincides with a House Administration Committee hearing on adapting legislative processes in light of Chevron’s overturning. Rep. Pramila Jayapal (D-Wash.) has also introduced a corresponding measure in the House, reflecting a coordinated effort to counteract the Supreme Court’s ruling and restore agency regulatory authority.
