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House Continues to Reform Regulatory Process

Jan 12, 2017

The House continued its plans to reform the federal regulatory system this week by approving legislation that would require Federal agencies to meet a variety of new thresholds when issuing regulations.

The Regulatory Accountability Act of 2017 (H.R. 5), approved by a vote of 238-183 in the House, would modify the procedures agencies follow when creating new regulations, require agencies to analyze rules' cost to small businesses, and require additional agency reporting on the rule making process.

Perhaps most significantly, the bill would make several changes to judicial reviews of regulations. Courts would not be allowed to consider or defer to agencies interpretations of laws or regulations when hearing challenges to regulations, as they do under the Chevron and Auer doctrines. The effective date of high-cost regulations would also be delayed until 60 days after final publication so they could be challenged in court.