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Supreme Court Dives into Chevron: A Regulatory Ripple Effect?

By WOM

May 1, 2023

SUMMARY

  • Justices to reconsider 1984 Chevron case
  • Potential impact on federal regulations
  • Commercial fishing dispute sparks case review

Kick back and get ready for some Supreme Court action that could have far-reaching implications! The Supremes are going to take a look at an old case that's been the target of many a conservative eye-roll. The case in question, known as Chevron (yep, the oil company), dates back to 1984 and is all about letting federal agencies fill in the gaps when laws are a bit hazy. You know, like creating environmental regulations, setting workplace standards, and protecting consumers.

Now, the court's conservative majority has already been putting the brakes on federal regulators. Remember last June when they limited the Environmental Protection Agency's power to regulate greenhouse gas emissions? Yeah, it's like that. If they overturn Chevron, it could seriously curtail the ability of federal officials to regulate all sorts of things that affect our daily lives.

A quartet of conservative justices—Thomas, Alito, Gorsuch, and Kavanaugh—have expressed doubts about the Chevron doctrine. In fact, Gorsuch once said that it allows executive bureaucracies to gobble up legislative and judicial power, which doesn't jive with the Constitution's original design. Four votes are needed to hear a case, and while we don't know the exact breakdown, it's clear they got 'em.

There's a little twist, though. Only eight justices will be participating because Justice Ketanji Brown Jackson is sitting this one out. She was on an appellate court panel that heard arguments in the case earlier. We won't hear the verdict before fall, so we've got a bit of a waiting game ahead.

This whole shebang started with a legal spat between commercial fishing groups and the government over who should pay for data collection and regulatory compliance. The fishermen, who harvest Atlantic herring, say they're being unfairly saddled with costs. Lower courts haven't been on their side, but now it's time for the Supreme Court to weigh in.


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