The Supreme Court could pick up a case that challenges a nearly four-decade precedent that allows federal agencies to interpret the legality of their own regulations.
has asked the Supreme Court to take up a lawsuit to overturn a federal fishing regulation and possibly end a nearly four-decade precedent the fishermen say is excessive and gives too much deference to federal agencies to make up rules that haven't been approved by Congress.
Paul Clement, who served as U.S. solicitor general from 2004 to 2008 and has argued more than 100 cases before theAt the heart of the fishermen's argument is a regulation issued by the National Oceanic and Atmospheric Administration that requires fishermen to pay up to $700 per day to fund the salary of a contractor who monitors their boat to ensure compliance with environmental rules.
Lower courts have rejected arguments that the rule goes too far by leaning on the Supreme Court precedent set in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.That decision said that, when interpreting federal rules, courts should show deference to those rules as long as they are not unreasonable and when they deal with ambiguity in the law.
But Clement says it's long past time to end what has come to be known as the"Chevron deference," as courts have cited this concept as a reason to stop any meaningful review of federal rules. While the doctrine is theoretically sound, Clement said in his filing that, in practice,"Chevron has been a disaster."
"Lower courts see ambiguity everywhere and have abdicated the core judicial responsibility of statutory construction to executive-branch agencies," he wrote.
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