Maine Lawmakers Push Bill to Require Chevron Deference at State Level

April 8, 2025 – Maine lawmakers are considering a bill that would require courts to defer to state agencies when reasonably interpreting ambiguous laws, effectively imposing the judicial doctrine of Chevron deference at the state level.

The bill, LD 1408, HP 930, was introduced on April 1 by Rep. David Sinclair, D-Bath, and Sen. Anne Carney, D-Cumberland, both members of the Judiciary Committee. A public hearing was held Monday, April 7.

Chevron deference, a framework stemming from a 1984 U.S. Supreme Court ruling, directed courts to uphold agency interpretations of unclear laws if deemed reasonable. That precedent was overturned in 2024 by the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which limited the power of federal agencies and restored interpretive authority to the courts.

While Maine courts have traditionally applied Chevron-like reasoning, LD 1408 would formally codify that deference in state law. Supporters argue the bill would preserve agency expertise in complex rulemaking. Critics, however, see it as an overreach. In a recent column, former State Rep. John Andrews, Republican, called it “a potentially monumental change” that would shift legal power from judges to unelected bureaucrats.

The debate mirrored federal efforts to revive Chevron deference. Sen. Elizabeth Warren, D-Mass., introduced the Stop Corporate Capture Act last year to restore the doctrine federally and boost transparency in agency rulemaking. Meanwhile, states like Kentucky have moved in the opposite direction, recently banning Chevron deference outright.