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Committee advances bill to limit agency deference in judicial review (Chevron deference repeal at state level)
Summary
Senate Bill 84, sponsored by Senator Steve Rawlings, would direct Kentucky courts not to defer to state agencies' interpretations of ambiguous statutes. Proponents framed the measure as restoring separation of powers following the U.S. Supreme Court's 2024 decision; the committee reported the bill favorably.
The Kentucky Senate Judiciary Committee reported Senate Bill 84 favorably after sponsor Steve Rawlings (Senate District 11) told the committee the bill would prevent state courts from deferring to agency interpretations of ambiguous statutes, a practice commonly called Chevron deference.
Rawlings said the U.S. Supreme Court's 2024 decision in Loperbreit Enterprises v. Raimondo (referenced in testimony) removed federal Chevron deference and that the state should take similar steps to "restore judicial independence and ensure that courts, not bureaucratic agencies, have the final say interpreting the law." Stated goals included limiting what the sponsor described as "agency overreach" and reaffirming separation of powers between the legislature and executive agencies.
Committee members asked clarifying questions about the bill's practical effect. Senator Stivers and others confirmed the bill would not stop agencies from carrying out their regulatory work; it would change only the standard courts apply when reviewing agency interpretations. Rawlings and supporters said courts would still examine agency actions for reasonableness but would not automatically defer to an agency's interpretation of ambiguous statutory language.
Several senators offered brief remarks explaining their votes. Senator Thomas said he supported the bill but expected further debate and possible amendments to allow courts to give some weight to agency expertise; he said he would file a floor amendment to address that point. Senator Reid explained his support and said he hoped the bill could be an example at the federal level. The committee recorded a motion to report favorably (mover: Senator Wheeler; second: Senator Stivers) and the chair announced the bill was reported favorably with the expression of opinion that it "should pass."
Sponsor Rawlings summarized the bill as a measure to "curb agency overreach and ensure fair judicial review" and framed it as returning interpretive authority to judges rather than administrative agencies. The committee advanced the bill for further action.
