The Supreme Court's conservative majority on Wednesday signaled that it might greatly reduce the power of federal agencies.
The court heard arguments on the Chevron doctrine, which, if overturned, would curtail the influence of federal agencies in areas such as healthcare, environmental regulation, and finance.
The doctrine is named after the Supreme Court's 1984 ruling in Chevron v. Natural Resources Defense Council, which upheld an EPA decision regarding the Clean Air Act of 1977. At the time, the case was deemed particularly not worthy, but since its filing, federal courts have cited it more than 18,000 times.
The heart of the latest challenge of the Chevron doctrine comes from a group of family-run Atlantic herring fishing companies. Under the Magnuson-Stevens Act, fishing companies are required to pay for observers to be carried on board their vessels to ensure they are not over-fishing the waters and are properly managing the fisheries.
When challenged, the district court in Washington used the Chevron doctrine to argue the agencies' authority. The fisheries, led by New Jersey based Loper Bright Enterprises and Rhode Island-based Relentless, are urging the court to "either abandon Chevron for good or at least substantially cabin its scope."
The conservative justices of the court indicated that they are leaning toward overturning Chevron. Justice Neil Gorsuch said the doctrine has created too much confusion.
"Even in a case involving herring fishermen, and the question of whether they have to pay for government officials to be on board their boats … lower court judges, even here in this rather prosaic case, can't figure out what Chevron means," Gorsuch told Elizabeth Prelogar, the U.S. solicitor general arguing on behalf of the Biden administration.
Justice Brett Kavanaugh shared Gorsuch's skepticism, saying the Chevron doctrine has allowed presidential administrations to interpret laws however they desire.
A decision on the Chevron doctrine would not come until the end of June.
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