With the Supreme Court’s decision to overturn Chevron deference—a long-standing judicial standard that required courts to defer to agency interpretations of ambiguous laws—there is now a renewed focus on legislative authority and its implications for regulatory practices. Following the Supreme Court’s decision to overturn Chevron, Senator Eric Schmitt (R-MO) is leading an initiative to reassert legislative authority over administrative agencies. By introducing the Separation of Powers Restoration Act (SOPRA), Schmitt and his colleagues aim to solidify the shift away from agency deference. The House passed the same bill earlier in this session of Congress.
SOPRA proposes a de novo standard of review, meaning that courts will evaluate the merits of legal arguments without granting deference to agency interpretations. This change could help businesses, including the cold chain, that have been subject to increasingly stringent and burdensome regulations. Senator Schmitt’s efforts also include forming a working group of Senators dedicated to examining the impact of the recent Supreme Court decision on regulatory practices and exploring further legislative measures to limit what they view as an overreach by federal agencies.
GCCA appreciates the efforts of Sen. Schmitt and the working group and will continue to work with Congress and like-minded partners to address regulatory burdens.