Led by Sen. Elizabeth Warren, D-Mass., Democratic senators have introduced a bill to restore Chevron deference to federal agencies’ rules on ambiguous provisions of laws. The U.S. Supreme Court overruled Chevron—a 40-year-old decision that gave federal agencies the final say over how to interpret congressional statutes—in June. We’ve gathered articles on the news from SHRM Online and other outlets.

Bill’s Provisions

The Stop Corporate Capture Act would codify the Chevron doctrine and strengthen the rulemaking process.

The bill would:

• Streamline the White House’s review period for regulations, creating a 120-day time limit for review.
• Authorize agencies to reinstate rules that are rescinded by Congress through the Congressional Review Act.
• Reform agencies’ cost-benefit analysis to emphasize public benefits of a rule, including nonquantifiable benefits like promoting human dignity, securing child safety and preventing discrimination.

The bill also would expand public participation in rulemaking and protect independent expertise in rulemaking.

(Warren press release)

Supreme Court Ruling

In June, the U.S. Supreme Court overruled a 1984 decision that held courts should defer to federal agencies’ reasonable interpretations of ambiguous statutes passed by Congress.

Chief Justice John Roberts Jr. wrote in a June 28 majority opinion that the 40-year-old Chevron decision that gave federal agencies the final say over how to interpret congressional statutes is misguided because...

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