HB 19-3: No More Chevron Deference Act (Passed)

[YE]

NO MORE CHEVRON DEFERENCE ACT

SECTION I: NAME
a. This act shall be referred to as the No More Chevron Deference Act

SECTION II: JUDICIAL POWER IN AGENCY ACTIONS
a. In a proceeding brought by or against a regulated party in a federal court of proper jurisdiction, the court shall decide all questions of law, including the interpretation of a Constitutional or statutory provision or a rule adopted by an agency, without deference to any previous determination that may have been made on the question by the agency. Notwithstanding any other law, this act applies in any action for judicial review of an agency action that is authorized by law. 5 U.S.C. § 551 et. seq. shall be amended accordingly.

SECTION III: TIMING
a. This act shall take effect immediately but shall not be retroactive to any cases pending in a federal court.

Sponsor: Tea Party Hater
24 hours to advocate

[YE]

Looking at this right now. I'll have commentary soon.

[YE]

https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natural_Resources_Defense_Council,_Inc.

Wiki article refers to

https://www.congress.gov/bill/115th-congress/house-bill/5

http://clerk.house.gov/evs/2017/roll045.xml

(Sec. 107) The bill revises standards for the scope of judicial review of agency rulemaking to prohibit a court from deferring to an agency's: (1) determination of the costs and benefits or other economic or risk assessment if the agency failed to conform to guidelines on such determinations and assessments established by OIRA, (2) determinations made in the adoption of an interim rule, or (3) guidance.

How does this bill differ from the bit from the 2017 IRL bill?

[YE]

I think I can motion for a final vote.

[YE]

A final vote is now open.

[YE]

Abstain

[YE]

Passes 3-2-2-2.

[YE]

NO MORE CHEVRON DEFERENCE ACT

SECTION I: NAME
a. This act shall be referred to as the No More Chevron Deference Act

SECTION II: JUDICIAL POWER IN AGENCY ACTIONS
a. In a proceeding brought by or against a regulated party in a federal court of proper jurisdiction, the court shall decide all questions of law, including the interpretation of a Constitutional or statutory provision or a rule adopted by an agency, without deference to any previous determination that may have been made on the question by the agency. Notwithstanding any other law, this act applies in any action for judicial review of an agency action that is authorized by law. 5 U.S.C. § 551 et. seq. shall be amended accordingly.

SECTION III: TIMING
a. This act shall take effect immediately but shall not be retroactive to any cases pending in a federal court.

House of Representatives
Passed in the House of Representatives 3-2-2-2

X YE