The U.S. Capitol dome is seen from the U.S. Supreme Court. (Photo by Timothy Epple via Getty Images)
They had seen it coming. And when the U.S. Supreme Court dropped an anticipated ruling Friday overturning 40 years of precedent allowing federal agencies to establish regulation, Utah Republicans heralded what they called an end to decades of federal overreach.
The high court on Friday overturned the principle known as Chevron deference, ruling in favor of fishing operators in New Jersey and Rhode Island in two cases challenging a National Oceanic and Atmospheric Administration rule.
Supreme Court could limit rulemaking power of federal agencies. What Utahns in Congress have to say
Since 1984, the Chevron deference principle has given federal agencies broad discretion to fill in gaps left by Congress in federal statute and limited judicial power to strike executive branch regulations.
It’s an issue Utah’s congressional House delegation spoke about in a roundtable discussion in Salt Lake City early month, saying the potential fall of Chevron deference would be an opportunity for Congress to reclaim power it lost 40 years ago.
But they also acknowledged a post-Chevron nation would require more careful lawmaking once lawmakers can no longer rely on agencies to fill in the blanks on vague legislation.
Utah Republican Rep. John Curtis, who is on track to become the state’s next U.S. senator, issued a statement Friday praising the ruling.
“For too long, Washington bureaucrats have bypassed Congress to enact federal rules, a practice not intended by our founders,” Curtis said. “Congress must now step up to legislate effectively. This is particularly significant for Utah, where nearly 70% of our land is federally owned and represents a major victory for those of us who feel many federal agencies are enacting rules beyond the intent of Congress.”
Utah Gov. Spencer Cox shared a video on X Friday that was shown at the roundtable and called the ruling “great news for all of us skeptical of federal authority and focused on individual liberty.”
U.S. Supreme Court flips precedent that empowered federal agencies
In the video, Cox said the precedent has “empowered federal agencies to grow their missions and expand their power in ways that are consistently bad for state authority, bad for economic growth, and bad for individual liberty and human flourishing.”
Instead, Cox insisted “the best policy experimentation comes from the states.”
Utah Senate President Stuart Adams, R-Layton, praised the ruling in a statement as restoring the balance of power.
“We in Utah, anticipating a favorable ruling, had the foresight to pass legislation authorizing state agencies to identify and report state government functions adversely affected by Chevron’s deference to the Attorney General’s Office. This information will be vital as we rectify unconstitutional federal regulations that have significantly harmed our state and citizens,” Adams said.
House Speaker Mike Schultz, R-Hooper, said in a post on X that “federal overreach has devastated Utah’s lands, economy, and people.”
With Chevron deference out of the way, the Utah Legislature and state agencies can now begin “to challenge and dismantle these unchecked policies imposed by unelected federal agencies,” Schultz said.
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