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Lawmakers hear mixed views on bill to bar judicial deference to agency interpretations
Summary
Supporters said HB 12-11 would restore judicial authority after the U.S. Supreme Court narrowed Chevron deference; the Attorney General's Office and some agencies backed clarifying language but warned a second paragraph that directs courts to "maximize liberty" is vague and could create legal uncertainty for administrative proceedings.
Representative Jim Kofalt (Hillsborough County District 32) introduced House Bill 12-11, saying the bill would require New Hampshire courts to exercise independent, de novo review of state agency legal interpretations rather than automatically deferring to agencies.
"This bill ensures that our state courts, exercise independent judgment when reviewing state agency actions without automatically deferring to the agency's interpretation of the law," Kofalt told the Senate eDNA committee. He linked the proposal to the U.S. Supreme Court's 2024 decision in Loper Bridal Enterprises v. Raimondo overturning the federal…
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