Commercial fishing businesses in New Jersey run by William Bright, Wayne Reichle, and Stefan Axelsson target Atlantic herring. These fishermen have been required to carry federal observers on their vessels for many years to ensure compliance with legal catch limits and prevent overfishing. However, in 2020, NOAA Fisheries decided that herring fishermen should directly pay the observers’ salaries, which could cost them up to $700 per day, potentially exceeding 20% of their catch revenue. Consequently, Reichle, Bright, and Axelsson filed a lawsuit against the federal government in Loper Bright Enterprises v. Raimondo.
Wayne Reichle emphasized the importance of continuing fishing and operating as usual, “From the beginning, the most important thing for us was the ability to continue fishing and continue operating the way we’ve operated for a number of years,” he told Scripps News. Meghan Lapp, a fisheries liaison at Seafreeze Ltd. in Point Judith, Rhode Island, faced similar issues. Despite complaining to fisheries council meetings and NOAA officials, their concerns were ignored. Lapp noted that the agency knew it would have deference in court. Thus, they filed Relentless, Inc. v. Department of Commerce.
The implications of these cases extend beyond New Jersey and Rhode Island. The Supreme Court overturned “Chevron deference,” a 40-year-old legal precedent, in its decision on Loper Bright and Relentless. This precedent granted excessive power to federal agencies and unelected officials, drawing criticism from conservatives. The court’s decision significantly limits the authority of agencies to interpret ambiguity in statutes and create regulations that can affect extensive areas of American life and commerce.
Chief Justice John Roberts wrote for the majority, “Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.” Sen. Dick Durbin of Illinois, the Senate’s No. 2 Democrat, expressed disappointment, citing the important role of federal agencies in implementing widely popular programs for safe food and medications, clean air and water, fair working conditions, and more. However, if regulators always used the latest science appropriately, never overstepped their bounds, and never allowed appointed or unelected career officials to enact their own agendas, Sen. Durbin would be correct.
As the ramifications of this decision propagate through the lower courts and agencies, it may become increasingly incumbent upon Congress to write clear, detailed legislation. If this ruling diminishes the habit of our elected officials to pass last-minute ambiguous legislation that leaves important details to unelected officials in agencies, it will be a good thing. Finally, congratulations to the owners, operators, and crew of these “little boats that could,” and to the attorneys who believed in them and the merits of their case.
Bob Vanasse, the founder of Stove Boat Communications, a media relations company for fishing industry entities, and the executive director of Saving Seafood, a fisheries news organization.
On June 23, 2024, the post was published and updated at the same time, as indicated by the
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