![]() ![]() ![]() ![]() But the law makes no mention of how those monitors are to be paid. Under the Magnuson-Stevens Fishery Conservation and Management Act, the National Marine Fisheries Service (NMFS) can require commercial fishing boats to carry human monitors charged with enforcing the agency’s rules. Essentially, if the statute is ambiguous, courts must defer to the agency’s interpretation, as long as it’s “reasonable” - even if that interpretation isn’t the best one. Natural Resources Defense Council, the Supreme Court announced its now-famous two-part test regarding agencies’ authority to interpret the statutes they enforce. What is Chevron deference? In 1984, in Chevron v. Their case - which the Supreme Court will hear this fall - may well end Chevron deference once and for all. And that’s the case with Loper Bright Enterprises. But constitutional heroes are often surprising. If you were looking for someone to strike a crippling blow against the administrative state, you might not think to start with a small, family-owned commercial fishing company in New Jersey. ![]()
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