As the Supreme Court moves to require clearer congressional authorization for OSHA and other agencies to regulate, a bipartisan group of House lawmakers is considering options for expanding Congress’ oversight of administrative rulemakings, including creating a new Congressional Office of Regulatory Review.
September 16, 2026
Dawn Reeves
Dawn Reeves is a senior correspondent at Inside EPA who specializes in climate, clean energy and clean air policy issues, and has been on the beat since 2001. Before coming to D.C., she was a print and radio reporter in Southwest Florida where she was the local host for NPR’s “All Things Considered.” A St. Louis native, she earned a BA and MA from Webster University.
Archived Articles
The Supreme Court’s upcoming decision on the fate of OSHA and other agencies’ deference under the Chevron doctrine is almost certain to drive reams of new litigation and result in conflicting circuit decisions, legal observers say, given widespread expectations the justices will overturn or significantly cabin the doctrine.
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Administrative law experts say they expect the Supreme Court will issue a narrow ruling in litigation seeking to limit agency adjudications via administrative law judges (ALJs), tamping down expectations that the case, focused on the Securities & Exchange Commission (SEC), could have sweeping implications for OSHA and other agencies.
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The Biden administration is urging the Supreme Court to overturn an appeals court decision that held administrative law judges (AJLs) are unconstitutional and instead affirm long-time practices at OSHA and other agencies of relying on ALJs to adjudicate administrative enforcement proceedings that seek civil penalties.
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The Supreme Court has agreed to hear a case that could reverse -- or at least narrow -- the longstanding Chevron doctrine, which grants OSHA and other federal agencies discretion to reasonably interpret ambiguous statutory language.
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Industry attorneys are largely welcoming a long-awaited IRS plan allowing companies to deduct from their federal taxes fines and penalties paid to the government under consent decrees, such as those resolving health, safety, and environmental enforcement actions.
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Supreme Court observers expect lower courts to grant OSHA and other agencies narrower, agency-specific deference to interpret ambiguous regulatory language in the wake of the high court’s recent Kisor v, Wilkie ruling that generally preserved so-called Auer deference but reinforced limits on its use.
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The chairman and ranking member of a Senate governmental affairs committee panel are poised to introduce bills they say will make “surgical fixes” to the regulatory process by creating a test to ensure health and safety rules are effective via future retrospective reviews and providing more opportunity for early input on proposed measures.
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