WASHINGTON – The Balancing Act Project (BAP) – a new bi-partisan, non-profit coalition of 50 multi-sector industry employers, non-profits, policy experts and trade groups – responds to the U.S. Supreme Court (SCOTUS) overturning a longstanding precedent known as the Chevron doctrine that has afforded deference for four decades to Executive Branch agencies in their interpretation of Congressional intent.
“Today's Supreme Court decision is confirmation that our government has been out of balance, and it marks the beginning of a national conversation about re-establishing the intended roles of our three branches of government,” said Ken Nahigian, Co-founder of the Balancing Act Project. While regulation is a critical part of any free market economy, American industries need to understand the rules so they can invest and grow. But regulations must be measured, and those making the rules should be accountable to the public.”
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Ken Nahigian is available for interviews.
Since established in 1984, Chevron deference has increasingly enabled the shifting of power from Congress to federal agencies. This has led to a trend where Congress passes purposefully vague laws, while expecting the agencies to provide clarity on their details. This practice can constitute policymaking, yet regulated entities have been hamstrung by Chevron to challenge such policies.
With the overruling of the Chevron doctrine, federal agencies that make rules imposing regulatory costs on every American business and consumer will be forced to defend in federal court that they indeed had that authority granted by Congress or whether they exceeded the authority delegated to them. In the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, Chief Justice Roberts opines that the idea that statutory ambiguities are implicit delegations of authority by Congress to federal agencies ‘is misguided’ and that it is the courts’ authority to resolve these ambiguities.
For four decades, Chevron deference has imposed a significant burden on the U.S. economy, regulatory stakeholders, and American families. As of 2022, government regulations have cost the economy $3 trillion annually, translating to $12,800 per employee each year for employers. Over 6,500 federal regulations were finalized between 2005 and 2022, continuously adding to this cumulative regulatory weight. These figures showcase the financial and operational pressures resulting from a regulatory framework where unelected agencies wield substantial interpretive power over ambiguous legislative texts.
“Today's Supreme Court decision to overturn Chevron is a first step in revealing to the American public the story of the impact caused by the imbalance of our government," said Keith Nahigian, Co-founder of the Balancing Act Project. "Regulatory overreach has stunted innovation and burdened consumers, and the Balancing Act Project is dedicated to driving the national conversation about the unnecessary inflationary costs weighing on our economy by being put on business and consumers.”
In July, BAP will host a summit in Washington, DC, which will be the second national roundtable focused on discussing the regulatory landscape following the Chevron decision. The event will convene policymakers, regulated industries, regulatory experts, advocacy organizations, industry trade associations, research institutions, and other stakeholders. This summit will be the first major event in the wake of the Supreme Court’s decision in Loper. It will be intended to engage a bipartisan conversation about resetting the government to make it work for every American. More information about the event will be available on: www.balancing act project.org.
About the ‘Balancing Act Project’:
The Balancing Act Project is a non-profit organization designed to educate on and advocate for policies that ensure accountable regulatory rulemaking that reflects legislative intent. BAP convenes a broad coalition of multi-sector industry employers, non-profits, policy experts, trade groups, and other stakeholders, that are committed to an accountable government in a post-Chevron regulatory environment. Learn More
In 2024, the U.S. Supreme Court will review the constitutionality of federal agencies to interpret the intent Congress in agency. This will give businesses impacted by regulations the power to challenge decisions affecting every American citizen and businesses through their elected representatives.