Will a Supreme Court decision in fisheries case tie the hands of all government regulators?

Fishing for Atlantic herring may seem worlds away from restrictions on power plant emissions or responses to the COVID-19 pandemic. But a case before the U.S. Supreme Court could affect all those activities and more by altering how federal agencies apply scientific expertise in carrying out their regulatory duties.

Overturning Chevron is exactly what many conservative groups requested in briefs leading up to the high court’s decision to take up the case. “Chevron deference is unconstitutional and ahistorical,” wrote lawyers for the Cato Institute and the Liberty Justice Center. “It has wreaked havoc in the lower courts upon people and businesses.”Natural Resources Defense Council

“The Supreme Court took the [Chevron] case in order to tell the lower courts to stop substituting their view of the right policy in places where the law seems ambiguous,” says David Doniger, senior director for climate and energy policy at the National Resources Defense Council , who argued the 1984 case. “Instead, it said in Chevron that you should leave that choice to the agency and then overrule them only if what they’ve done is totally wacko.

“During the Reagan years, most of the conservatives and the business interests thought that the Chevron doctrine worked in their favor,” Doniger says. “But during the Clinton and Obama years, agencies began to come up with more assertive interpretations of their authority in places where they found ambiguity. And the conservatives began to be concerned that Chevron, instead of being a restraint on regulation, was actually making these laws more powerful.

Despite those new carve-outs, court watchers say a ruling overturning Chevron would be a very big deal. “For 4 decades, Congress has written new statutes on the premise that this is how they will be interpreted, and lots of companies and organizations have ordered their affairs based on it,” Doniger says.

Source: Law Daily Report (lawdailyreport.net)

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