U.S. Supreme Court overturns Chevron decision

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The Chevron precedent made it easier for the federal government to regulate the environment, public health, workplace safety and consumer protections.

The overruled precedent, targeted by conservatives, allowed federal agencies to fill in details when laws aren’t clear.

The court ruled in cases brought by Atlantic herring fishermen in New Jersey and Rhode Island who challenged a fee requirement. Lower courts used the Chevron decision to uphold a 2020 National Marine Fisheries Service rule that herring fishermen pay for government-mandated observers who track their fish intake.

“Judges are not experts in the field, and are not part of either political branch of government,” Justice John Paul Stevens wrote in 1984, explaining why they should play a limited role.But the current high court, with a 6-3 conservative majority, has been increasingly skeptical of the powers of federal agencies. Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas had questioned the Chevron decision.Justices Ketanji Brown Jackson and Sonia Sotomayor joined Kagan in dissent.

“The Supreme Court is pushing the nation into uncharted waters as it seizes it seizes power from our elected branches of government to advance its deregulatory agenda,” Sambhav Sankar, a lawyer with the environmental group Earthjustice, said after the ruling.

 

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