In the wake of the Supreme Court’s recent decision to overturn Chevron deference, Congressional Republicans are poised to challenge numerous agency regulations set forth under President Biden’s administration. The landmark ruling in Loper Bright v. Raimondo has diminished the deference traditionally granted to federal agencies in interpreting statutory mandates, prompting GOP lawmakers to seek clarity on which regulations they should contest.
Rep. Lauren Boebert (R-CO) recently confronted EPA Administrator Michael Regan, pressing him on which regulations might be repealed post-Chevron. Meanwhile, senior Republican figures, including James Comer, Jim Jordan, and Steve Scalise, have crafted a strategic plan to leverage the new judicial landscape. They have circulated a series of identical letters to leaders of 25 executive agencies, demanding:
- A list of all pending judicial challenges to final agency rules that may be impacted by the Court’s Loper Bright decision;
- A list of all final agency rules not yet challenged in court that may be impacted by the Court’s Loper Bright decision if they are so challenged;
- A list of all pending agency rulemakings wherein the agency is relying on an interpretation of statutory authority that would have previously fallen under Chevron deference.
Interestingly, the focus remains squarely on regulations enacted since President Biden took office on January 20, 2021. The requests explicitly exclude any rules implemented between January 20, 2017, and January 19, 2021, further emphasizing the political underpinnings of this effort.
Many legal professionals note that the Supreme Court’s ruling in Corner Post v. Board of Governors may also come into play, which removes the statute of limitations on regulatory challenges, thereby potentially impacting regulations from the Obama administration as well.
For further details, the original coverage can be accessed at Above the Law.