The decision hands a win to fishing industry plaintiffs that sought the complete destruction of so-called Chevron deference and introduces significant uncertainty about how lower courts will weigh competing legal arguments in the large arena of rulemaking litigation.
Plaintiffs in Loper Bright v. Raimondo and Relentless v. Department of Commerce had asked the high court to overturn Chevron or at least significantly narrow the doctrine's application.
All nine justices in January heard oral arguments in Relentless, but in Loper Bright, heard the same day, Justice Ketanji Brown Jackson recused herself due to her involvement in the matter as a judge at the D.C. Circuit.
Both Relentless and Loper Bright are centered around fishing groups' challenges to a 2018 National Marine Fisheries Service rule requiring fishers to pay part of the cost of having federal compliance monitors aboard their ships. The plaintiffs in both cases had argued unsuccessfully that NMFS interpreted the Magnuson–Stevens Fishery Conservation Management Act too broadly and created regulations that exceed the agency's authority.
But the hostility to the Chevron precedent that some of the current justices have expressed led to speculation that the plaintiffs' luck could and did in fact change at the Supreme Court.
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Democratic Lawmakers Aim to Codify Chevron Doctrine
ReplyDeleteSenators Elizabeth Warren (D-MA) and other Democratic lawmakers recently introduced the Stop Corporate Capture Act (SCCA) in response to the Supreme Court's overturning of the Chevron deference doctrine, with the aim being to codify the doctrine, reform the regulatory process, increase transparency, and reduce corporate influence in rulemaking.
Republican lawmakers, like Congressman Scott Franklin (R-FL), welcomed the Supreme Court's decision to overturn the Chevron doctrine and praised the ruling for reasserting constitutional authority and reaffirming the separation of powers among the three branches of government.
However, Warren and fellow Democratic lawmakers claim the Supreme Court's ruling transforms judges into unelected legislators and policymakers and view their bill as a way to maintain accountability to elected representatives. Specifically, the legislation would codify the Chevron deference, allowing expert agencies to conduct rulemaking based on reasonable interpretations of their authorizing statutes and streamline the White House's review period for regulations, setting a 120-day time limit.
In 2023, legislation was introduced in the House of Representatives, sponsored by Congresswoman Pramila Jayapal (D-WA), also titled the Stop Corporate Capture Act, which would provide "statutory authority for the judicial principle that requires courts to defer to an agency's reasonable or permissible interpretation of a federal law when the law is silent or ambiguous (i.e., the Chevron doctrine)." The bill was referred to the Committee on the Judiciary and Committee on Oversight and Accountability in early March 2023, where it stalled.