On 28 June, the Supreme Court issued its decision in Loper Bright Enterprises v. Raimondo (Secretary of Commerce) case, which could have significant impacts on federal regulatory policy moving forward as it overruled the so-called “Chevron deference” in place for the past 40 years. At issue is regulatory agencies’ limits on interpreting Congressional and statutory intent. Specifically, the case was brought under the 1976 Magnuson-Stevens Fishery Conservation and Management Act (FCMA). That statute authorizes standards for fishing off the coast of the United States. To ensure that those standards are followed, vessels may be required to carry an “observer” who monitors their fishing activity, and absorb the cos...

TAGS – North America