A U.S. appeals court on Monday appeared open to upholding a federal rule requiring commercial fishermen to fund a program to monitor for overfishing of herring off New England’s coast even after the U.S. Supreme Court in that same case issued a landmark ruling curbing agencies’ regulatory power. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, during oral arguments, weighed the impact of the U.S. Supreme Court’s June decision, opens new tab to scrap a 40-year-old legal doctrine that had required courts to defer to agencies’ interpretations of ambiguous laws they administer. The 6-3 conservative majority U.S. Supreme Court nixed the doctrine, known as “Chevron deference,” after taking up an appeal by several commercial fishing companies of the D.C. Circuit panel’s 2-1 ruling in August 2022, opens new tab that had relied on the doctrine to uphold the fishing rule. more, >>CLICK TO READ<< 07:03Tag Archives: federal at sea monitors
Court open to upholding US fishing monitor rule even without ‘Chevron’ doctrine
A U.S. appeals court on Monday appeared open to upholding a federal rule requiring commercial fishermen to fund a program to monitor for overfishing of herring off New England’s coast even after the U.S. Supreme Court in that same case issued a landmark ruling curbing agencies’ regulatory power. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, during oral arguments, weighed the impact of the U.S. Supreme Court’s June decision, opens new tab to scrap a 40-year-old legal doctrine that had required courts to defer to agencies’ interpretations of ambiguous laws they administer. The 6-3 conservative majority U.S. Supreme Court nixed the doctrine, known as “Chevron deference,” after taking up an appeal by several commercial fishing companies of the D.C. Circuit panel’s 2-1 ruling in August 2022, opens new tab that had relied on the doctrine to uphold the fishing rule. more, >>CLICK TO READ<< 07:03
Rhode Island fishermen join lawsuit over federal at sea monitors
Rhode Island commercial fishermen have signed on to a federal lawsuit challenging a rule requiring boat captains to pay for federal monitors to observe catches. The fishermen, represented by the New Civil Liberties Alliance, have filed an amicus brief siding with fishermen from other Northeast states in a case pending before the U.S. Supreme Court challenging the new monitoring requirements. The lawsuit was filed last month in the U.S. District Court in New Jersey, by a group of commercial fishermen who want to stop the federal government from making them pay for workers who gather data aboard fishing boats. >click to read< 12:56
