Washington, D.C. - Congresswoman Harriet Hageman (R-WY) introduced two bills strengthening courts' ability to hold federal agencies accountable on the 80th anniversary of the Administrative Procedure Act (APA), which governs the process federal agencies use to develop and enforce rules.
"Federal agencies work for the American people, but for decades, court doctrine has allowed them to grade their own homework," said Rep. Harriet Hageman. "In 2024, the Supreme Court ruled in Loper Bright that judges, not bureaucrats, interpret the law. These bills take the next step to codify that decision. Judges should look independently at the facts and science behind agency decisions, not just accept at face value whatever agencies may say. Unelected bureaucrats are not the arbiters of their own decisions."
"PLF applauds Rep. Hageman for introducing these much-needed APA reform bills. Bureaucrats have for too long taken advantage of court-made doctrines that favor agencies and impose significant burdens on regulated parties while leaving them little judicial recourse. These bills correctly seek to put an end to that deference by applying to agency actions the same standards of admissibility and credibility that private civil litigants must satisfy in federal court," stated Damien Schiff, Senior Attorney, Pacific Legal Foundation.
"Rep. Hageman's new legislative proposals would strengthen the Administrative Procedure Act, which remains one of the principal statutory checks on administrative power. Courts should independently assess both the facts and the law rather than defer to bureaucratic determinations, and agencies should not be permitted to shield regulatory decisions from meaningful judicial scrutiny merely by invoking scientific expertise. These improvements to the APA would help curb arbitrary government power and improve accountability at a time when agencies increasingly shape major economic and social policy outside the legislative process. By strengthening independent judicial review and ensuring agency claims are subject to meaningful scrutiny, Rep. Hageman's proposals would reinforce constitutional checks and improve public accountability," stated Clyde Wayne Crews Jr., Fred L. Smith Fellow in Regulatory Studies, Competitive Enterprise Institute.
Holding Agencies Accountable on the Facts
When a federal agency fines a person, revokes a permit, or enforces a regulation, judges largely review only the evidence and fact findings presented by the agency. Rep. Hageman's bill changes that, requiring courts to independently weigh facts rather than defer to the agency's own record.
Requiring Agencies to Use Reliable Science
Federal agencies routinely cite scientific findings and studies to justify sweeping regulations. Rep. Hageman's additional bill gives courts explicit authority to strike down agency actions that rely on flawed methods, cherry-picked data, or unsupported conclusions.
Together, these bills will force agencies to prove their case with real facts and science before an independent judge.
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