The U.S. Supreme Court has announced plans to address a crucial question concerning federal government agencies’ authority to interpret their legal powers. The court has accepted two cases challenging the Chevron deference doctrine, which grants federal agencies significant leeway in determining the extent of their authority as granted by Congress. Both cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, involve challenges to federal fisheries regulators’ ability to mandate fishing boat operators to pay for on-board compliance checks. The Department of Commerce contends that the law empowers regulators to enforce these requirements, while fishing companies argue it constitutes an overreach of agency authority.
The decision to add the Relentless case to the docket allows Justice Ketanji Brown Jackson, the newest Supreme Court member, to contribute her perspective. Justice Jackson had previously heard arguments in the Loper case while serving on the D.C. Circuit Court of Appeals but recused herself when it reached the Supreme Court.
The concept of Chevron deference has been a topic of debate, with conservatives criticizing it for empowering federal bureaucrats excessively, while proponents argue that agencies possess specialized knowledge necessary for interpreting complex laws in heavily regulated industries. The outcomes of these cases could significantly limit federal agencies’ power across various domains, including environmental regulations, prescription drugs, food safety, auto safety, banking, and financial markets.
Although previous opportunities to overturn the 1984 Chevron v. Natural Resources Defense Council precedent have arisen, the Supreme Court has yet to definitively overturn the doctrine. The cases are scheduled to be heard during the first sitting of the year, spanning from January 8 to 17, although specific dates have not been set.
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