Rep. Green Introduces Bill to Begin Phase-Out of Agency Rules Enacted Under Chevron Deference

Representative Mark Green of Tennessee

Representative Mark Green of Tennessee It was introduced this Sunset Chevron Actwhich would cause executive agency regulations that were upheld by a previous Chevron Deference ruling to expire after a specified period of time if not enacted by Congress.

The bill aims to retroactively repair many of the disasters caused over decades Chevron and restore legislative power to where the Founding Fathers intended it to be: in Congress, Green said.

The bill requires the Government Accountability Office to compile a list of executive agency actions that have been upheld by a Chevron Deference at some point. These actions would expire every 30 days on a rolling basis unless upheld by congressional action.

Chevron Deference refers to the case Chevron vs. Natural Resources Defense Council. The Supreme Court allowed agencies to create rules that were intended to fill gaps in the legislation or were unclear, leading to a vast expansion of the regulatory state. In June, the Supreme Court overturned that decision.

Chevron Deference was successfully challenged in Loper Bright Enterprises v. Raimondo after a fishing family argued that a federal requirement that the family pay for a federal observer to be on board their fishing boat was a regulation that went too far. Repeal Chevron dealt a serious blow to the ability of federal agencies to create laws that Congress was unable to create.

Rep. Green said, “This legislation restores order to our constitutional system of checks and balances. Chevron Deference is one of the greatest threats to the separation of powers since the Supreme Court ruled nearly 40 years ago. Chevron Deference not only usurps Congress’s right to legislate, it gives unelected and unaccountable bureaucrats in Washington enormous control over the lives of Americans. My legislation seeks to correct this imbalance and restore Congress and the judiciary to their rightful places in our constitutional system.”

For the past three years, Green said, the Biden administration has manipulated the laws passed by Congress to concentrate power.

“Take, for example, the Biden administration’s ’90-day pause’, which lasted more than 200 days, in issuing new firearm export licenses. This policy was intentionally vague, giving the Biden administration an excuse to block license applications. In response, I introduced the Stop the Bureaucratic Ineptitude Shuttering Respectable and Upright Legal Exporters Act. Furthermore, when the Biden administration threatened archery and other shooting sports in schools, It was introduced The Hunting Heritage Protection and Education Act, which was signed into law with near unanimous support in Congress. Because of President Biden’s pattern of abuse of power, I am fighting the flawed doctrine that reinforces it—Chevron deference.”

“Chevron Deference has plagued our constitutional system since it was established. When there is ambiguity in the law, congressional intent should be the primary interpretive tool, not the political ambitions of federal bureaucrats. Allowing the executive branch to twist or add to the law is unconstitutional. Congress and the courts must reclaim their authority rather than allow the executive branch to act illegally,” said Rep. Green.

“Chevron causes agencies to win 71 percent of their cases overall — and 93.8 percent of their unclear cases — giving the government an unfair advantage. This is not equal protection under the law. This is stepping on the scales of justice to tip the balance in favor of bureaucrats rather than giving ordinary Americans a fair chance at relief.”

This Sunset Chevron Act was approved by the National Taxpayers Association.

“One of the biggest abusers of silence or ambiguity in rulemaking and fee setting is the Internal Revenue Service (IRS), which routinely creates regulations, fines and fees that are not clearly defined in the Internal Revenue Code,” the National Taxpayers Union said.

The Supreme Court’s decision to overturn Chevron “will level the playing field for taxpayers and government agencies. Unreasonable IRS interpretations will no longer automatically prevail in court, which is appropriate, and reasonable interpretations will still have the force of law,” said Joe Bishop-Henchman, executive vice president of the National Taxpayers Union Foundation.

Read the text of the bill at this link.