Op-Ed: Idaho, Wyoming take aim at local and federal agency overreach

State agencies exercise immense power. They can discipline, fine and even recommend criminal penalties for alleged rule violations. Agencies frequently use experts to interpret and implement statutes, effectively extending themselves the same power and authority in the rule-making process as judges and legislators.

They not only make the rules, but also investigate and adjudicate violations with an administrative law judge employed by the agency. In other words, unelected administrators are empowered to be “lawmaker, sheriff, judge, and jury,” as Goldwater Institute Vice President Jon Riches wrote.

It’s the old, “We have investigated ourselves and found no wrongdoing,” gambit.

As of April 2020, in all but 14 states, if an alleged rule violation makes it past the administrative judge to an actual court, that court is required to defer to the agency interpretation unless it is plainly erroneous. This is an unusual position for courts to be required to take. Courts adjudicate disputes all the time without putting their thumb on the scales of justice. Agency disputes appear to be the only time courts throw up their hands and defer to one party’s interpretation of a statute.

In Idaho, HB 562 would prohibit judicial deference by amending the state’s Administrative Procedures Act (APA).

Idaho’s APA already has language directing that an Idaho court “shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact,” but the proposed amendment goes much further. From HB 562:

“When interpreting the provisions of this chapter or any rule, as defined in [the APA], Idaho Code, the court shall not defer to an agency’s interpretation of the provisions of this chapter or the rule and shall interpret the meaning and effect de novo. In an action brought by or against an agency, after applying all customary tools of interpretation, the court shall exercise any remaining doubt in favor of a reasonable interpretation that limits agency power and maximizes individual liberty.”

If passed, the new standard would require courts to interpret agency rules de novo, meaning without consideration for the agency’s position, judgment, or interpretation of the statute from which the rule was derived. Without such direction, courts will defer to an agency’s interpretation of ambiguous statutes.

The U.S. Supreme Court, for example, has deferred to agency interpretation for nearly four decades in the wake of Chevron v. Natural Resources Defense Council. However, the Court heard oral argument last month challenging that deference doctrine and a majority appears poised to abandon it.

Since 2020, several states have curtailed or ended judicial deference to agency interpretations of ambiguous statutes, including Ohio, Tennessee, Colorado, Mississippi, Georgia, and Arkansas, either through state supreme court decisions or legislative action.

Under de novo review, a court may still land on an agency’s interpretation of a statute, it simply means they are not required to preload the justice scales in favor of that outcome. Agency deference undermines the court’s rule to decide what a statute says and what it means – instead handing that duty over to the agency.

Meanwhile, shots were fired in Wyoming (not literally), where the Legislature has had it with federal rulemaking that does not “respect the custom and culture of Wyoming.” In a House Joint Resolution, Wyoming legislators urge support for meaningful local input in drafting and developing proposed federal rules and “commit to oppose….proposed federal rules, resource management plans and environmental impact statements that negatively affect…Wyoming’s agriculture, energy, mineral and recreation industries…” The resolution takes specific aim at the actions of the Federal Bureau of Land Management and the U.S. Department of Agriculture.

These are positive developments for the mountain states, where legislators are signaling their intent and desire to stop agency end-runs around the legislative process. Administrative agencies need to be kept in check. Elected legislators are just the folks to do it.

DON’T MISS OUT

Be the first to know about the latest news, giveaways, events, and updates from The Black Chronicle!

We don’t spam! Read our privacy policy for more info.

spot_img

Hot this week

African and Caribbean Nations Call for Reparations for Slave Trade, Propose Global Fund

Nations across Africa and the Caribbean, deeply impacted by...

Sports betting expert offers advice on paying taxes for gambling winnings

(The Center Square) – Tax season is underway, and...

Health care company agrees to pay $22.5 million to settle claims of over billing

A health care company agreed to pay nearly $22.5...

Entertainment district benefits don’t outweigh the cost, economists say

(The Center Square) — Weeks later, after more details...

Business association ‘disappointed’ by WA L&I’s proposed workers comp rate hike

(The Center Square) – The Association of Washington Business...

Bah, humbug! Rand Paul report details ‘waste’ in federal spending

Congress and federal agencies wasted more than $1 trillion...

This Day in History: Jazz Legend Cab Calloway Born in 1907

On Dec. 25, 1907, legendary jazz musician and bandleader...

Ohio minimum wage to increase Jan. 1

(The Center Square) – Ohioans working for minimum wage...

Louisiana residents list crime as one of state’s most pressing issues

(The Center Square) — In Louisiana, violent and property...

Chinese spies arrested in California

(The Center Square) – People’s Republic of China (PRC)...

Some call new commission to explore Illinois’ property tax system a waste of time

(The Center Square) – Despite being criticized for being...

More like this
Related

Bah, humbug! Rand Paul report details ‘waste’ in federal spending

Congress and federal agencies wasted more than $1 trillion...

Medical Notes: How To Starve Cancer, Hack Your Sleep, And Supercharge Your Cells

Cancer loves the sugar in our diets. A new study...

This Day in History: Jazz Legend Cab Calloway Born in 1907

On Dec. 25, 1907, legendary jazz musician and bandleader...

Ohio minimum wage to increase Jan. 1

(The Center Square) – Ohioans working for minimum wage...