• Senate Bill Introduced to Limit Regulatory Agencies’ Authority
  • August 7, 2017
  • Republican members of the House Judiciary Committee introduced a bill that would overturn the current practice of appellate courts deferring to regulatory agencies’ interpretations of the scope of their statutory authority. This deference is based on the 1984 Supreme Court decision Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. Supporters of the Separation of Powers Restoration Act argue that the bill is intended to empower the courts, rather than federal agencies, “to interpret all questions of law,” particularly when an agency adopts a regulation or takes action that is not explicitly authorized in the applicable statute.