Congress and Industry Call for Regulatory Review Following Overturn of Chevron Deference

Following the historic overturn of Chevron deference by the Supreme Court in Loper Bright Enterprises v. Raimondo, , House Agriculture Committee Chairman Glenn “GT” Thompson, House Committee on Education and the Workforce Chairwoman Virginia Foxx, and House Committee on Oversight and Accountability Chairman James Comer sent a letter to Secretary of Agriculture, Thomas Vilsack. The letter calls for a comprehensive review of agency regulations, underscoring the implications of the Loper Bright decision and reminding the Secretary of the limitations set on agency authority.

In their letter, the House committee leaders highlight concerns over decades of expansive agency authority enabled by Chevron deference, which they argue has often exceeded the legislative intent envisioned by Congress. They stress that this judicial deference has allowed agencies to assert broad regulatory powers, resulting in substantial impacts on businesses and individuals across the nation. The committee members emphasize the need for a thorough review of existing and proposed regulations under the new legal framework established by Loper Bright. They call upon Secretary Vilsack to ensure that all agency actions align closely with explicit congressional mandates and constitutional principles, aiming to uphold the separation of powers and the integrity of the regulatory process.

GCCA, alongside over 40 other associations, wrote  to President Biden urging the Administration to pause all current rulemakings and halt the initiation of new ones. This pause is requested to allow for a thorough legal review of each agency’s constitutional and statutory authority to regulate as proposed. The letter emphasizes the dramatic shift in the legal landscape following the Supreme Court’s decision, highlighting the need to ensure all regulatory actions are clearly authorized by Congress under the U.S. Constitution and applicable statutes.