Sometimes the facts of a case are more persuasive than a novel legal theory

The U.S. Supreme Court recently ruled in favor of Atlantic herring fishermen who challenged a National Marine Fisheries Service (NMFS) regulation requiring them to pay for on-board observers at up to $700 per day[1][3][4][5]. The conservative-leaning court overturned the 40-year-old Chevron deference precedent, which had allowed federal agencies to reasonably interpret ambiguous laws passed by Congress[1][3][4].

The fishermen argued that Congress never authorized the NMFS to impose these observer fees, which could amount to up to 20% of their annual returns[2]. Lower courts had previously upheld the regulation by deferring to the NMFS's interpretation under the Chevron doctrine[3][4].

The Supreme Court's 6-3 decision significantly limits the power of federal agencies to regulate industries like fishing, potentially opening the door for more legal challenges to environmental, health, and workplace safety rules[3][4]. However, the practical impact is that the herring fishermen will no longer face the potential $700 per day observer fees[4].

Sources [1] Supreme Court hears fishermen's challenge that could upend ... https://www.nationalfisherman.com/national-international/supreme-court-hears-fishermen-s-challenge-that-could-upend-agency-powers [2] Supreme Court case by Northeast fisheries may overturn landmark ... https://www.browndailyherald.com/article/2024/04/supreme-court-case-by-northeast-fisheries-may-overturn-landmark-legal-precedent [3] The Supreme Court weakens federal regulators, ruling in case ... https://whyy.org/articles/supreme-court-chevron-decision-new-jersey-fisherman-federal-regulations/ [4] Supreme Court dumps 40-year precedent in major blow to federal ... https://abc7.com/supreme-court-dumps-40-year-precedent-in-major-blow-to-federal-regu/15008923/ [5] Supreme Court could reel in power of federal agencies with dual ... https://www.cbsnews.com/news/supreme-court-chevron-doctrine-herring-federal-agencies/