Attorneys representing Northeastern fishermen will argue at the Supreme Court to overturn the 1984 Chevron precedent, which grants federal agencies regulatory power.
The case involves a Commerce Department regulation requiring fishermen to pay for at-sea monitors, a financial burden they contest.
The primary law allowing at-sea observers is under scrutiny, with concerns that fishermen shouldn’t bear the monitoring costs. (Trending: Bombshell J6 Footage Raises Questions About Pelosi’s Team)
The outcome could impact federal court oversight, administrative power, and the balance between business interests and environmental regulations.
“You can’t even promise to pay the crew $780 per day,” New England Fishermen’s Stewardship Association founder Jerry Leman said.
“We’re pumping more money into their program than we are paying our own crews,” Leman said.
“Overruling Chevron is overdue,” NCLA president Mark Chenoweth said.
“Many administrative state pathologies can be traced to the malign influence that Chevron has in encouraging unlawful administrative power grabs. By putting this genie back in the bottle, the Supreme Court can restore federal court oversight to ensure that agencies execute the law as Congress wrote it.”
“All three branches of government, regulated parties, and the public have arranged their affairs for decades with Chevron as the backdrop against which Congress legislates, agencies issue rules and orders, and courts resolve disputes about those agency actions,” Solicitor General Elizabeth Prelogar wrote.
“Chevron deference is a pernicious doctrine that has enabled federal agencies to take over the courts’ power to interpret the law and Congress’ power to legislate,” JCN president Carrie Severino stated. “To its credit, the Supreme Court has not applied Chevron in recent years, but lower courts nonetheless continue to rely on it, creating confusion and inconsistency in the law.”
“Ending the so-called Chevron deference could have dramatic effects on judicial treatment of expansive federal regulatory programs, but those effects could be favorable or unfavorable to regulated businesses, depending on the rules being challenged,” Smith, Gambrell & Russell partner Steve O’Day said.
“I should be paying attention to my vessel and the safety of my crew, but now I have to babysit a child,” Leman said.
The court will hear arguments from fishermen’s attorneys and the Justice Department, with potential far-reaching consequences for federal rules and court challenges.
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