"The U.S. Supreme Court has agreed to consider overruling a 1984 decision that established Chevron deference—the principle that federal courts should defer to reasonable federal agency views when Congress passes ambiguous laws.

The Supreme Court agreed to consider the issue when it granted cert Monday in Loper Bright Enterprises v. Raimondo. Loper Bright Enterprises and other petitioners are challenging a federal regulation that requires fishing vessels on national waters to “foot the bill for the salaries of the monitors they must carry” under federal law.

The estimated cost amounts to about 20% of the vessel owners’ income, according to the cert petition.

Chevron deference is based on the 1984 Supreme Court decision Chevron USA Inc. v. Natural Resources Defense Council. The Supreme Court agreed to consider the second question of the cert petition, which asks whether the Supreme Court should overrule Chevron “or at least clarify” that agency interpretations are not entitled to deference in some instances of “statutory silence.”

This article was originally posted in the The ABA Journal

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