For decades, the 1984 Chevron Doctrine gave unelected D.C. bureaucrats the power to bury Kansas businesses—especially our oil fields, farms, and ranches—in unnecessary regulations. Thankfully, the U.S. Supreme Court struck down the Chevron decision just a few weeks ago, finally reining in those powers.
This is a significant win for Kansas’ economy. Bureaucrats will no longer have free rein to impose extreme environmental regulations that stifle economic growth while offering little progress towards leaving this world cleaner than we found it. Under the Chevron Doctrine, businesses were legally powerless to fight back against these Washington-imposed rules. Federal agencies held all the cards, leaving our elected representatives with little say.
But those days are over. The legal playing field has now been leveled, giving Kansans a fair chance to challenge regulations that threaten their livelihoods. Federal agencies’ unchecked power has been curtailed, slowing down the regulatory assault on businesses across Kansas—from our fields and factories to Main Street.
The Chevron Doctrine was responsible for harmful regulations like the Obama and Biden Administrations’ Waters of the United States rule, which absurdly classified a puddle on a farm as federal water. It also allowed for overbearing, costly rules that hindered medical treatments and burdened workplaces with unnecessary safety regulations. Now, these kinds of federal rules can be legally scrutinized, delaying or even stopping them before they take effect.
This Supreme Court decision is a win for voters, too. It returns some power to our elected officials, ensuring that Washington’s bureaucratic class is more accountable to the people. Unelected agents still hold considerable regulatory power, but now they must adhere more closely to the laws written by Congress—the voice of the American people.
This is a victory for Kansas industries and the companies that call our state home. Reducing overregulation will spur economic activity, create good-paying jobs, and lower the cost of living.
We all want clean water, clean air, and to protect endangered species. But it’s Congress, not unelected bureaucrats, that should define what those terms mean.
— Sen. Roger Marshall, R-Kan.