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Supreme Court Takes Up Case That Could Curtail Agency Power to Regulate Business

May 1, 2023 โ€” The Supreme Court agreed on Monday to take up a case that could make it easier to curtail the power of administrative agencies, a long-running goal of the conservative legal movement that could have far-reaching implications for how American society imposes rules on businesses.

In a terse order, the court said it would hear a case that seeks to limit or overturn a unanimous 1984 precedent, Chevron v. Natural Resources Defense Council. According to the decision, if part of the law Congress wrote empowering a regulatory agency is ambiguous but the agencyโ€™s interpretation is reasonable, judges should defer to it.

At issue in the case, Loper Bright Enterprises v. Raimondo, is a law that requires fishing vessels to pay for monitors who ensure that they comply with regulations meant to prevent overfishing. The National Marine Fisheries Service established the rule, and a group of companies has challenged whether the agency had the authority to do so.

When the Supreme Court decides on the case, most likely in its next term, the outcome could have implications that go beyond fisheries.

Read the full story at the New York Times

Herring Fishermen Challenge Rule Requiring At-Sea Monitors

February 20, 2020 โ€” The U.S. Department of Commerce violated federal administrative law by requiring at-sea monitors for herring fishing and making the industry pay for them, a group of New Jersey fishermen say in a new federal lawsuit.

The Secretary of Commerceโ€™s approval of a final rule, and a related omnibus amendment, is arbitrary and capricious, according to the lawsuit filed Wednesday by the fishing company Loper Bright Enterprises Inc. and others in the U.S. District Court for the District of Columbia.

Read the full story at Bloomberg Environment

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