Rounds Submits Inquiry on Federal Overregulation of Ag Producers and Landowners in Rural States

WASHINGTON - U.S. Senator Mike Rounds (R-S.D.) today requested a Government Accountability Office (GAO) review of the Chevron doctrine's impact on agriculture producers and landowners in rural states. Rounds sent a letter to GAO Comptroller General Gene Dodaro asking for an analysis of key judicial opinions that utilized the Chevron doctrine, specifically relating to the Departments of Agriculture, Energy and Interior, as well as the Environmental Protection Agency.

"The Chevron decision has governed the relationship between agencies and courts for the last 40 years," wrote Rounds. "The longstanding deference applied under Chevron has broadened the scope of administrative authority. As industries such as agriculture, mining and energy production are increasingly subject to a growing number of agency rules, the private industry has resorted to settling regulatory disputes in court. The expansion of the administrative state has precipitated this trend. To understand the true impact of the recent overturn of Chevron, it is necessary to comprehend the past application of agency deference."

In June 2024, the U.S. Supreme Court issued an opinion that overturned the Chevron doctrine which previously had required courts to uphold a federal agency's interpretation of certain statutes.

Rounds has been pushing for federal regulatory reform since being sworn into the Senate in 2015. In August 2024, Rounds reintroduced the RESTORE Resolution of 2024, which would establish a Joint Select Committee to conduct a comprehensive review of rules enacted by federal agencies.

Read the full text of the letter HERE or below.

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Dear Comptroller General Dodaro,

We write to ask the Government Accountability Office (GAO) to conduct a retrospective analysis of the deference applied under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. Specifically, we are attempting to learn more about which cases invoked the Chevron framework and how the deference principle impacted final decisions.

As you know, the Chevron decision has governed the relationship between agencies and courts for the last 40 years. The longstanding deference applied under Chevron has broadened the scope of administrative authority. It is clear the recent Loper Bright Enterprises v. Raimondo decision will fundamentally change how courts interpret statutory authority.

The longstanding deference principle has disproportionally impacted rural states. As industries such as agriculture, mining and energy production are increasingly subject to a growing number of agency rules, the private industry has resorted to settling regulatory disputes in court. The expansion of the administrative state has precipitated this trend. To understand the true impact of the recent overturn of Chevron, it is necessary to comprehend the past application of agency deference.

Accordingly, I would like to respectfully request GAO to conduct an analysis of key judicial opinions that made use of the Chevron doctrine. The review can involve opinions from the Supreme Court and lower courts from the last 20 years. Lastly, I ask you focus such a review on cases involving the below agencies:

• U.S. Department of Agriculture
• U.S. Department of the Interior
• Environmental Protection Agency (EPA)
• Department of Energy (DOE)

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