The doctrine holds that cases in which the text of laws are open to interpretation are largely at agency discretion. It derives its name from the high court’s 1984 decision Chevron U.S.A. v. Natural Resources Defense Council.
In cases of unclear statutory language, according to the precedent, the court defers to any “permissible construction” by the agency in question.
In the past, members of the conservative wing that now dominates the court have expressed skepticism about the latitude the ruling grants to the federal government.
Now, SCOTUS will take up a case that explicitly asks them to overturn it, announcing the move on Monday in a brief, unsigned order indicating at least four justices agreed to take up the case.
Herring fishing company Loper Bright Enterprises is appealing a ruling that left in place a National Marine Fisheries Service (NMFS) regulation based on the Chevron doctrine.
Loper Bright Enterprises is arguing the regulation by the NMFS requiring herring fishing boats to allow a federal observer aboard to oversee operations and compensate them for their time significantly decreases their profit margin. They also allege that agency had no authorization to impose it.
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Read more from our colleague Zach Schonfeld at TheHill.com.