Tag Archives: doctrine called “Chevron deference.”
Courts threaten to sink federal fishery monitoring
NOAA suffered a major blow in February when a three-judge panel of the 5th U.S. Circuit Court of Appeals in Louisiana threw out a rule that would have required charter boats in the Gulf of Mexico to be equipped with electronic monitors to report fish catches. Fishermen complained that the devices would cost them as much as $3,000 per boat. And the agency may be poised for an even bigger setback from the Supreme Court. Justices last month said they would take up a case that could decide whether NOAA has the legal authority to force New England herring fishermen to hire third-party contractors to monitor their fishing at a cost of up to $700 per day. >click to read< 13:55
At-Sea-Monitoring: U.S. Supreme Court takes up fishermen’s fight over US conservation funding
The U.S. Supreme Court on Monday agreed to decide whether the government can require commercial fishermen to help fund a program monitoring herring catches off New England’s coast in a case that could undercut the regulatory power of federal agencies. The justices took up an appeal by New Jersey-based fishing companies of a lower court’s ruling in favor of the U.S. government in a challenge to a conservation program overseen by the National Marine Fisheries Service. The case is the latest bid asking the Supreme Court, which has a 6-3 conservative majority, to rein in the authority of federal agencies. The companies are asking the Supreme Court to overturn its own decades-old precedent calling for judges to defer to federal agency interpretation of U.S. laws, a doctrine called “Chevron deference.” >click to read< 14:09
