06.28.24

Hoeven: SCOTUS Overturns Chevron Deference, Major Win for Pushing Back on Overreaching Federal Regulations

Senator Outlines Importance of Restoring Congressional & Judicial Authority, Curbing Unlawful Rulemaking by Biden Administration

BISMARCK, N.D. — Senator John Hoeven today issued the following statement after the U.S. Supreme Court issued a 6 to 3 decision overturning the Chevron deference doctrine, a court precedent that had allowed decades of regulatory overreach by executive agencies, particularly under the Biden and Obama administrations, while undermining Congressional authority and limiting the judicial branch’s ability to hold federal agencies accountable.

“This is the right call by the Supreme Court,” said Hoeven. “The Chevron deference doctrine allowed federal agencies to ignore the directives passed by Congress and issue broad rulemaking that goes well beyond the agencies’ lawful authority. All the while, the lower courts were prevented from upholding the law as written and protecting against executive overreach. This decision is about restoring the rule of law, respecting the Constitutional structure of our government and better enabling Congress and the judiciary to fulfill their proper roles. Moreover, this will enable us to better push back against the costly, unworkable regulations being imposed by the Biden administration, which have targeted our energy industry, manufacturers, ag producers and many others. Doing so will help us combat inflation, restore our energy independence and strengthen our economic and national security.”

Hoeven stressed that this is a major win for the rule of law and will aid efforts to push back on unworkable rules being advanced by President Biden, including regulations that:

  • Target coal-fired electric and domestic energy production, such as the:
    • Mercury and Air Toxics Standards (MATS) Rule. Hoeven is leading a Congressional Review Act (CRA) resolution of disapproval to stop the Biden administration’s final MATS rule.
    • Clean Power Plan 2.0. Hoeven cosponsored a CRA resolution of disapproval introduced by Senator Shelley Moore Capito to overturn this rule.
    • Water Discharge Rule.
    • Coal Ash Rule. Hoeven cosponsored a CRA resolution of disapproval introduced by Senator Markwayne Mullin to overturn this rule.
    • Methane Rule & Natural Gas Tax. Hoeven intends to lead a CRA resolution of disapproval on the Natural Gas Tax and cosponsored the Natural Gas Tax Repeal Act, introduced by Senator Ted Cruz.
  • Restrict access to, and increase the cost of developing, taxpayer-owned lands and resources. This includes the:
    • Public Lands Rule. Hoeven is introducing a CRA resolution of disapproval with Senator John Barrasso to block the rule.
    • North Dakota Draft Resource Management Plan (RMP). The draft RMP would close off leasing to 45 percent of federal oil and gas acreage and 95 percent of federal coal acreage in North Dakota.
    • Bureau of Land Management (BLM) Onshore Oil and Gas Rule.
    • BLM Venting and Flaring Rule.

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