US Supreme Court takes up major case on powers of federal government News
MarkThomas / Pixabay
US Supreme Court takes up major case on powers of federal government

The US Supreme Court agreed Monday to consider a case challenging the authority of federal agencies to create regulations.

Loper Bright Enterprises v. Raimondo, concerns a group of herring fishermen who are being required by the National Marine Fisheries Service to pay the salaries of monitors who are required to ride along on fishing boats. The US Court of Appeals for the District of Columbia Circuit deferred to the agency, affirming the lower court’s decision to grant summary judgment.

In their appeal, the fisherman are asking the Supreme Court to reconsider the 1984 case Chevron v. Natural Resources Defense Council, which set forth the standard for determining when courts must defer to federal agencies when regulations are challenged. The question before the court is “Whether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.”

This case could have a significant impact on how the federal government issues regulations concerning everything from environmental issues and health to workplace regulations and more. Conservatives have long argued that the federal government has too much power to issue regulations concerning nearly every aspect of business and individual lives.

The case will be heard next term, with a decision expected next year.