SCOTUS should put the Chevron Doctrine on the ash heap of history

May 9, 2023 By Chris Talgo

In 1984, the Supreme Court decision in Chevron U.S.A. v. Natural Resources Defense Council created what has come to be known as Chevron deference, also referred to as the Chevron Doctrine. In a nutshell, the landmark ruling, which has been cited in thousands of subsequent cases, gave federal agencies unprecedented power to interpret and administer (as they saw fit) ambiguous language in laws that fall under their purview.

Over the years, the Chevron Doctrine has been abused by several executive agencies, leading to calls for its overruling.

Fortunately, the U.S. Supreme Court has accepted to hear a case in its upcoming term, Loper Bright Enterprises v. Raimondo, which could result in the abolishment of the Chevron Doctrine.  In short, the case calls into question whether or not the National Marine Fisheries Service (NMFS) can force fishing companies to pay the salaries of NMFS employees who are allowed by law to monitor fishing vessels while they are at sea............To Read More....