The Supreme Court said Monday that it will take up a dispute between the Biden administration and commercial fishing companies that presents the court with a chance to overrule a nearly 40-year-old decision giving deference to federal agencies.
The Supreme Court said Monday that it will take up a dispute between the Biden administration and commercial fishing companies that presents the court with a chance to overrule a nearly 40-year-old decision giving deference to federal agencies, one which is often criticized by conservatives.
At least two of the justices, Clarence Thomas and Neil Gorsuch, have been critical of the Chevron doctrine, and a growing movement of conservatives believe the decision grants agencies too much power and has led to regulatory overreach. Under the law, a fishery management plan may require at least one federal observer to be carried on board domestic fishing vessels when they're at sea. In 2017, the New England Fishery Management Council, one of eight regional councils that advise the secretary on fishery management plans, finalized a proposal to amend the plan for the Atlantic herring fishery to create an industry-funded monitoring program.
A federal district court in Washington sided with the fisheries agency, citing the Chevron doctrine. In its decision, the district court said provisions of the Magnuson-Stevens Act granted"broad authority" to the National Marine Fisheries Service to create rules necessary to carry out conservation and management measures. The service is a division of the Commerce Department.
The ruling, lawyers for the four companies wrote,"authorizes agencies to force the governed to quarter and pay for their regulatory overseers without clear congressional authorization. And it perceives ambiguity in statutory silence, where the logical explanation for the statutory silence is that Congress did not intend to grant the agency such a dangerous and uncabined authority."
But the Biden administration urged the Supreme Court to leave its 1984 decision intact, writing that though"reasonable minds may disagree" about Chevron's application, it"does not call into question the workability of the framework itself."
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