Temporary case: Chevron v. Natural Resources Defense Council
This June 28th, a ruling based on a precedent known as Chevron v. Natural Resources Defense Council comes to light.
On that, the Supreme Court this Friday overturned a 40-year-old precedent that has been the target of the right wing because it is seen as reinforcing the power of “deep state” bureaucrats.
In a ruling regarding a challenge to a fishing regulation, the Court relegated to history a 1984 ruling called Chevron v. Natural Resources Defense Council.
Also known as the Chevron doctrine, in the crosshairs of conservative justices on the high court, it forces courts to yield to federal agencies when interpreting laws that are unclear.
It is the latest in a series of rulings in which conservative justices have taken aim at the power of federal agencies.
In that regard, this precedent, Chevron v. Natural Resources Defense Council, the jury ruled 6 to 3, with a majority of the conservative justices and the liberal justices dissenting.
Temporary case: Chevron v. Natural Resources Defense Council
This precedent was set in 1984 in a case that pitted Chevron against the Natural Resources Defense Council, and has been criticized by judges who believe it gives too much power to Washington.
The court’s conservative majority beforehand has been limiting federal regulators, including in last June’s decision limiting the Environmental Protection Agency’s ability to regulate greenhouse gas emissions.
The doctrine came under scrutiny after the high court agreed to review an appeal by a group of herring fishermen who argue that the National Fisheries Service has no authority to require them to pay the salaries of federal inspectors who travel aboard their vessels.
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Since 1976, these observers have been allowed to join crews to make sure they comply with regulations, but since 2020, the federal government has required fishermen to pay the salaries of these inspectors.
Four family-owned companies sued the Department of Commerce three years ago over that requirement.
As such, the Supreme Court will decide on their appeal, something that could have consequences far beyond the fishing industry, affecting the power of other federal agencies.
