Tag Archives: discretionary authority
Fishermen Fight Back: Herring Fishermen Petition U.S. Supreme Court to Reject Executive Power Grab
With the support of Cause of Action Institute and former Solicitor General Paul Clement, New Jersey fishermen are petitioning the U.S. Supreme Court to hear their case about government overreach and potentially overrule Chevron. The Magnuson-Stevens Act gives the National Oceanic and Atmospheric Administration (NOAA) discretionary authority to require monitors on commercial fishing boats. But when the agency ran out of money, it decided to shift the cost to fishermen themselves—without authorization from Congress. As a result of this unlawful mandate, most herring fishermen must effectively pay the salaries of monitors—estimated at over $700 per day—to ride their boats and watch them fish. That’s more than some boat captains will make on the same trip. Video, >click to read< 15:39
