In the wake of the Supreme Court’s recent decision that moves the authority to interpret statutes from regulatory agencies to the court system, business groups and trade associations are requesting that the Biden administration pause all current rulemaking and halt the implementation of new regulatory rules.
FEDA joined more than 40 associations in sending a letter to President Biden requesting the pause until there is a thorough legal review of each agency’s constitutional and statutory authority to regulate various industries. The letter notes that the Supreme Court’s 6-3 decision dramatically alters the legal landscape within which federal agencies operate, as a majority of justices held that the previous Chevron deference standard allowed agencies to exceed their constitutional authority.
“Loper Bright explicitly impacts all current and future rules being pursued by your administration,” the letter states. “As of July 1, 2024, there are over 1,000 major rules in various stages of review at the federal agencies you oversee. One-hundred and forty-five of those rules would have an impact on the economy of more than $200 million. All these regulations and any future regulations should be reevaluated in light of Loper Bright before they are promulgated.”
The letter was authored by the National Association for Wholesaler-Distributors (NAW), one of FEDA’s advocacy partners. “The Biden Administration has been pushing through new regulations at a breakneck pace, often by stretching their legal authority to do so,” said Brian Wild, chief government relations officer at NAW. “The court’s recent action to reign in the executive branch should be taken seriously. The administration should pause further actions and review their authority before advancing any further rulemaking.”
The full letter is available here.