As Congress returns from its summer recess this week, regulatory reform is still very much on the congressional agenda. Although partisan differences among lawmakers and strong opposition by the Obama Administration to any legislative changes are likely to block any meaningful regulatory reform before the November elections, we can provide a preview of what reform could entail in the future if reform advocates have their way.
In perhaps the best example of the type of regulatory reform that could occur if circumstances change, the House of Representatives earlier this year passed a bill that would end judicial deference to regulatory interpretations rendered by federal agencies. If enacted, the legislation would represent a major change in federal administrative law and could make it easier to challenge executive actions that are not plainly consistent with the underlying authorizing statute.
A copy of the House-approved H.R. 4768, the Separation of Powers Restoration Act, is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.