Tag Archives: the “Chevron Deference Doctrine.”
A Small Fish and an Uncollected Fee Add Up to Big-Government Challenge at the Supreme Court
The case could undercut the power of federal regulators on major issues including air pollution and securities fraud. It also exemplifies the way many of the high court’s biggest fights are born these days — driven less by the practical aims of the litigants than by the ideological vision of the interest groups behind the suits. The fight concerns a federal requirement that some herring boats host government-approved observers aboard their vessels and cover an estimated $710 daily cost. The fisherman say that would be an onerous burden on their family-owned businesses — so onerous they are suing even though the fee is on hold and might never kick in. “We have not had to pay. We’re just nervous about this hanging over our head,” said Bill Bright in an interview in Cape May, New Jersey, where he runs his two-vessel fishing business. “So we feel that we need to solve this problem now.” Photos, >>click to read<< 11:14
Kelly Bullis: Fishermen might hurt the IRS
Now here is a whopper of a fishing story! The current session of the U.S. Supreme Court has an interesting case on the docket. If they rule in favor of the plaintiffs, it could end up changing a long-standing rule from a prior Supreme Court ruling of almost 40 years ago which underpins the ability of the IRS to do its job. The case is about regulation of fishing boats. And the old Supreme Court doctrine at risk is called the “Chevron Deference Doctrine.” The “Chevron Deference Doctrine” was a coined name that came from a famous landmark case “Chevron USA Inc vs. Natural Resources Defense Council Inc” back in 1984. The Supreme Court set forth a legal test as to when a court should defer to an agency’s answer or interpretation, holding that such judicial deference is appropriate where the agency’s answer was not unreasonable, so long as Congress had not spoken directly to the precise issue at question. >>click to read<< 13:38
