63C-4a-406. Challenges to federal regulations -- Chevron deference.

326 words·~1 min read·/ut/title-63c/chapter-4a/63c-4a-406

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)As used in this part:

(a)"Chevron deference" means deference given to a federal agency's interpretation of a federal statute by a court because the court determined that:

(i)the federal statute is ambiguous; and

(ii)the federal agency's interpretation is based on a reasonable interpretation of the statute.

(b)"Federal agency" means an agency, bureau, board, commission, council, department, office, or other instrumentality of the executive branch of the United States government.

(c)"Federal regulation" means a regulation adopted by a federal agency and published in the Code of Federal Regulations or the Federal Register.

(d)"State agency" means:

(i)the Department of Environmental Quality;

(ii)the Department of Agriculture and Food; and

(iii)the Department of Natural Resources.

(2)On or before January 1, 2025, each state agency shall:

(a)identify any federal regulation impacting that state agency for which:

(i)a federal agency issued the federal regulation to implement a federal statute; and

(ii)the federal agency received Chevron deference in the agency's interpretation of the federal statute; and

(b)report any federal regulation identified under Subsection (2)(a) to the Office of the Attorney General.

(3)The attorney general may file suit on behalf of the state challenging any federal regulation impacted by Chevron deference if:

(a)before July 1, 2025, the United States Supreme Court:

(i)holds that a court may not give Chevron deference to a federal agency's interpretation of a federal statute; or

(ii)limits the deference that a court may give a federal agency's interpretation of a federal statute; and

(b)the attorney general determines that the state can successfully challenge the federal regulation.

(4)On or before July 1, 2025, the attorney general shall report to the Federalism Commission regarding any suit that the attorney general files, or intends to file, on behalf of the state under Subsection (3).

Enacted by Chapter 414 , 2024 General Session