Washington, D.C. — Senator Tom Cotton (R-Arkansas) today introduced the Bureaucratic Overreach Review Act. The legislation would review federal court decisions on laws, regulations, and legal cases that used the recently overturned Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. case as the basis for their decisions. The bill would also direct federal agencies to review litigation where the agency relied upon Chevron to support its interpretation of a regulation or law.

“Overturning Chevron was a victory for Americans and the Constitution. Congress should make laws, not unelected bureaucrats. My legislation will make sure the verdicts that used Chevron to justify government overreach are reviewed,” said Senator Cotton.

Text of the bill may be found here.

The Bureaucratic Overreach Review Act would:

Require the Government Accountability Office to submit a report to Congress that identifies where the federal courts have relied upon Chevron to reach a decision in favor of deference.
Require federal agencies to conduct a review of cases where the agency was a party and accorded Chevron deference.