Rep. Green introduces act to start sunsetting agency regulations enacted under ‘Chevron Deference’

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Rep. Mark Green of Tennessee

Rep. Mark Green of Tennessee introduced the Sunset Chevron Act, which would force executive agency rules that were upheld by the prior “Chevron Deference” ruling to sunset after a specific period of time if not passed into law by Congress. 

The bill is intended to retroactively correct many of the disasters caused by decades of Chevron and put the power of lawmaking back where the Founding Fathers intended it—in Congress, Green said.

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

Chevron Deference refers to the case Chevron v. Natural Resources Defense Council. The Supreme Court allowed agencies to make up regulations to fill in where legislation was silent or ambiguous, leading to the vast expansion of the regulatory state. In June, the Supreme Court overturned the decision.

Chevron Deference was successfully challenged in Loper Bright Enterprises v. Raimondo after a fishing family said the federal requirement that the family pay for a federal observer to be on board their fishing boat was regulation gone too far. The overturning of Chevron dealt a severe blow to the ability of federal agencies to create laws where Congress had not.

Rep. Green said, “This legislation restores order to our constitutional system of checks and balances. Chevron Deference has been among the greatest threats to the separation of powers since it was decided by the Supreme Court almost 40 years ago. Chevron Deference not only usurps Congress’ lawmaking authority, but gives unelected and unaccountable bureaucrats in Washington enormous control over the lives of Americans. My legislation seeks to right this imbalance and restore Congress and the judiciary to their rightful places in our Constitutional system.” 

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

“Take, for example, the Biden administration’s ’90-day pause,’ which lasted for over 200 days, on the issuance of new firearm export licenses. The policy was intentionally vague, giving the Biden administration the cover to stonewall license applications. In response, I introduced the Stop the Bureaucratic Ineptitude Shuttering Respectable and Upstanding Lawful Exporters Act. Further, when the Biden administration threatened archery and other shooting sports in schools, I introduced the Protecting Hunting Heritage and Education Act, which was signed into law after its near unanimous support in Congress. Because of President Biden’s pattern of overreach, I’m fighting against the flawed doctrine that empowers it—Chevron deference.” 

“Chevron Deference has been a blight on our Constitutional system since it was decided. If there is ambiguity in the law, Congressional intent should be the most important tool of interpretation, not the political ambitions of federal bureaucrats. Allowing the executive branch to twist or add to laws is unconstitutional. Both Congress and the courts need to take back their respective authority instead of letting the executive branch run rogue,”  Rep. Green said.

“Chevron results in agencies winning 71% of cases overall—and 93.8% of ambiguous cases—giving an unfair advantage to the government. This is not equal protection under the law. It is stepping on the scales of justice to skew favor towards bureaucrats rather than giving everyday Americans a fair chance at relief.”

The Sunset Chevron Act has been endorsed by the National Taxpayers Union. 

“One of the biggest abusers of using silence or ambiguity to create regulations and enact fees is the Internal Revenue Service (IRS), which routinely creates rules, fines, and fees not explicitly under 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 win in court, which is as it should be, and reasonable interpretations will still have the force of law,” said Joe Bishop-Henchman, executive vice president at the National Taxpayers Union Foundation. 

Read the text of the bill at this link

7 COMMENTS

  1. hint: why has Congress not written any regulations for the US Forest Service? Does it have anything to do with a private corporation (with owner) filed in the stateless City of London? Out of reach there. Yes, let them plan a long trail over private Alaskan properties willy nilly. I feel you.

  2. Good.
    It may not result in a lot of regulations getting pulled, but it is about time the various departments and agencies had to actually defend their positions.
    .
    The end of the Chevron Doctrine is going to slow down Federal Government overreach.

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