Supreme Court to Hear Case That Could Overturn Chevron Doctrine

Atlantic Herring Fishermen Challenge Federal Rules in Landmark Case That Could Shift Power from Federal Agencies to Courts and Congress

The Supreme Court is set to hear a case brought by Atlantic herring fishermen in New Jersey and Rhode Island, challenging federal rules requiring commercial fishermen to pay for at-sea monitors. The outcome could potentially overturn the Chevron doctrine, a long-standing precedent that directs courts to defer to federal agency experts.
The Chevron doctrine, established in 1984, has been increasingly criticized by the conservative majority in the court, who view it as giving too much power to unaccountable bureaucrats.
The lawsuits are backed by conservative legal organizations — the Cause of Action Institute and New Civil Liberties Alliance — that have received millions of dollars from the Koch network.
Supporters of the Chevron doctrine, including environmental groups, labor and civil rights organizations and the Biden administration, argue that overturning or scaling back the legal precedent will hamstring federal agencies and shift power to the courts and Congress.
The fishermen argue that the cost of the monitors, which can amount to up to 20% of their annual returns, is burdensome and was not directly authorized by Congress.