Supreme Court adds second case looking to overturn Chevron deference to docket

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The Supreme Court on Friday added another legal challenge to its docket involving a request to overturn decades-old precedent that gives the federal government significant leeway in implementing rules and regulations.

It’s the second challenge to what is known as “Chevron deference” — a term of art lawyers gave to how courts have treated the 1984 ruling, which involved a fight between the energy giant and the Environmental Protection Agency and its environmental allies. The court, in a 6-3 ruling, said the EPA’s interpretation of a law was reasonable and that courts should defer to agency judgment in cases in which the law was ambiguous.

They claim the National Marine Fisheries Service has run amok with a plan to charge fishing vessels as much as $700 a day to hire a monitor to police their catch. The fishers lost in the federal appeals courts and brought the legal battle before the high court. It took at least four justices to vote in favor of hearing the dispute. The two challenges will be argued on the same day in January, though a specific date has not yet been decided.

To defenders, the precedent blazed a path to good government, putting the experts at federal agencies in charge of the finer points of policymaking.

 

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