In response to a Supreme Court decision overturning the 40-year-old Chevron deference doctrine, a coalition of senators led by Elizabeth Warren (D-Mass.), Richard Blumenthal (D-Conn.), and others introduced the Stop Corporate Capture Act (SCCA).
This legislation aims to codify the Chevron doctrine and enhance the federal rulemaking process to prevent corporate influence over government regulations.
The Chevron doctrine, which allowed courts to defer to agency experts in interpreting laws passed by Congress, was overturned by a Supreme Court with Trump-appointed justices.
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According to Warren, this move has raised concerns about the government’s ability to enforce regulations that protect worker safety, environmental standards, and consumer rights.
Senator Warren emphasized that the SCCA will bring transparency and efficiency to the rulemaking process, ensuring corporate interests do not override congressional intent and expert agency judgment.
The Stop Corporate Capture Act includes provisions to:
- Codify Chevron Deference: Allow agencies to conduct rulemaking based on reasonable interpretations of their authorizing statutes.
- Modernize the Regulatory Process: Streamline the White House’s review period for regulations to 120 days, allow agencies to reinstate rescinded rules, and emphasize public benefits in cost-benefit analyses.
- Expand Public Participation: Create an Office of the Public Advocate, improve public notification of pending rulemakings, and require agencies to respond to petitions with significant public support.
- Increase Transparency: Mandate disclosure of industry-funded research and conflicts of interest, and ensure transparency in the White House regulatory review process.
Senators supporting the bill argue that the Supreme Court’s decision undermines the federal government’s ability to protect the public and favors corporate interests. They stress the importance of restoring Chevron deference to maintain effective government oversight and regulatory enforcement.
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“By overturning Chevron, this Supreme Court has undermined the regulatory system our country rests on, jeopardizing Americans and preventing the federal government from effectively governing to protect consumers,” said Senator Hirono.
The bill, originally introduced by Representative Pramila Jayapal (D-Wash.) in 2021, has received strong endorsements from various advocacy groups and environmental organizations.
“The Stop Corporate Capture Act is a comprehensive blueprint for modernizing, improving, and strengthening the regulatory system to better protect the public,” said Rachel Weintraub, executive director of the Coalition for Sensible Safeguards.
If enacted, the SCCA would restore regulatory powers to federal agencies, ensuring they can effectively implement and enforce laws to safeguard public health, safety, and the environment, according to the lawmakers.
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