Democratic senators seek to reverse Supreme Court ruling that restricts federal agency power

WASHINGTON — Democratic senators plan to introduce legislation Tuesday that would effectively overturn a Supreme Court ruling last month that imposed new limits on federal agencies when they issue regulations about a wide variety of issues, including the environment and consumer protection.

Sen. Elizabeth Warren, D-Mass., will introduce a bill that would restore the previous standard under which federal agencies had some leeway to interpret the law when they issued regulations under statutes that are ambiguously written. It has the backing of nine other Democratic senators, as well as Sen. Bernie Sanders, I-Vt.

"Giant corporations are using far-right, unelected judges to hijack our government and undermine the will of Congress,” Warren said in a statement Tuesday.

The legislation, she said, would “bring transparency and efficiency to the federal rule-making process” and “make sure corporate interest groups can’t substitute their preferences for the judgment of Congress and the expert agencies.”

It is the first piece of legislation about the issue to be introduced since the Supreme Court ruling; Rep. Pramila Jayapal, D-Wash., previously introduced a House measure.

With Republicans in control of the House and generally supportive of the latest Supreme Court decision, it appears unlikely the legislation has much chance of becoming law during this Congress. In addition, a Republican bill that passed the House last year would require congressional approval before any major federal regulations can take effect. That measure has not advanced in the Democratic-led Senate.

"Chevron deference" was the legal rule that existed for decades under the 1984 Supreme Court ruling called Chevron v. Natural Resources Defense Council, which the conservative justices overturned in last month's 6-3 decision.

Conservatives and business interests had long complained about Chevron, saying the ruling gave too much power to unelected bureaucrats.

Liberals defended Chevron because of the flexibility it gave regulators in tackling issues like climate change. They say the Supreme Court, often skeptical of federal regulations, has effectively given itself more power by taking it away from federal agencies.

Dubbed the Stop Corporate Capture Act, the Senate legislation would write Chevron deference into law, undercutting the recent Supreme Court ruling and giving agencies more wiggle room to interpret statutes.

It would also bolster agency rule-making power in other ways, with provisions aimed at streamlining the often-lengthy process, which allows industry and other interested groups to submit public comments.

Other provisions seek to defend independent scientific expertise by, among other things, requiring anyone submitting public comments to disclose industry-funded research and any potential conflicts of interest.

The bill is being introduced the same day the House Administration Committee holds a hearing on how lawmakers have to adapt to Chevron’s being overturned when they write new legislation.