Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
House Bill 52 would require courts to interpret agency law without deference; debate centered on Chevron, technical expertise and unintended consequences
Summary
House Bill 52 would require Montana courts to review agency interpretations de novo and emphasize legislative intent in the Administrative Procedure Act; supporters cited recent federal changes to Chevron deference, opponents warned of unintended consequences for technical permitting and labor law.
Representative Lee Deming opened House Bill 52 as a measure to prevent judicial deference to agency interpretations and to prioritize legislative intent in judicial review of agency action. “It prioritizes legislative intent and increases transparency in state government actions,” the sponsor said, and noted provisions to make settlements and contested cases publicly searchable on the state website.
Proponents included former Representative Lynn Hellegard, who said the bill borrows aspects of reform enacted in Indiana and Idaho and was reviewed by academics; she argued it would require judges to consider agency interpretations…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat