A fellow with the free-market American Enterprise Institute (AEI) is suggesting that Congress task existing offices with responding to the Supreme Court’s Loper Bright decision that overturned Chevron deference, as a way to balance Republicans’ interest in aggressive scrutiny of agencies’ handling of the decision with their reluctance to fund new programs.
September 16, 2026
House lawmakers are planning a hearing next week to evaluate their options in the wake of the Supreme Court’s landmark decision overruling the longstanding Chevron deference doctrine, with some seeking to bolster Congress’ resources and oversight to provide more-detailed legislation though many conservatives are pushing deregulatory measures to limit ISHA and other agencies’ authorities.
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The Supreme Court has held that the Administrative Procedure Act (APA) does not require lawsuits over OSHA and other agencies’ rules and “final agency action” to begin within six years of their promulgation but rather within six years of when a party was first injured by a particular policy -- a precedent that could open the door for a “tsunami” of wide-ranging challenges to long-settled policies.
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Republican leaders for the House Energy and Commerce Committee are urging EPA to withdraw and repropose its upcoming Risk Management Program (RMP) rule update, charging that the proposed version conflicts with OSHA and other agencies’ responsibilities, goes beyond Congress’ explicit mandates, and raises security concerns among things.
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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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The Biden administration is launching a new government-wide initiative to strengthen cost-benefit analyses that OSHA and other agencies use to justify key rules, signaling that officials are planning to collaborate with private sector researchers to help identify data gaps and obstacles to improving quantification and monetization of costs and benefits.
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In a case that threatens long-time practices at OSHA and other agencies, Republican state attorneys general (AG) and industry groups are urging the Supreme Court to uphold the appellate ruling that found that Congress’ creation of administrative law judges (ALJs) for the Securities and Exchange Commission (SEC) violates key constitutional provisions.
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Newly elected House Speaker Mike Johnson (R-LA) is setting a quick timeline for the House to mark up individual appropriations bills, forcing lawmakers to vote on a bill that seeks to slash funding for OSHA and other agencies in fiscal year 2024 while prompting new warnings from Democrats over a possible government shutdown next month.
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The Supreme Court has accepted a second case challenging the longstanding Chevron doctrine requiring deference to OSHA and other agencies’ readings of ambiguous laws, and will hear it “in tandem” with an already-pending suit from which Justice Ketanji Brown has recused herself, allowing the full court to weigh in and avoiding the possibility of a 4-4 tie.
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