<[link removed]> ConservAmerica Releases Statement on Loper v. Raimondo January 17, 2024 Washington, DC - ConservAmerica General Counsel Brent Fewell released the following statement today regarding the Loper v. Raimondo arguments heard before the U.S. Supreme Court: “For nearly 40 years, the Supreme Court has applied a doctrine of deference to federal agency interpretation where Congress has not been explicit on a particular matter. The legal doctrine known as Chevron deference has in many cases led to government overreach, impinging upon the personal liberties and freedoms of property owners and hard-working Americans. “Today, the Supreme Court heard arguments in Loper v. Raimondo, a case involving a federal rule where the National Marine Fisheries Services (NMFS) mandated herring fishermen pay third-party observers to monitor and enforce the agency’s many regulations. Although Congress expressly sanctioned in narrow circumstances that the payment obligation for at-sea observers be capped at 2-3% of the value of the haul, NMFS adopted a rule requiring herring vessels to foot the bill for federal inspectors without limitation. The cost for at-sea observers in this industry can reduce the returns to a boat’s owner by as much as 20% of their haul. ”While federal agencies often have the expertise needed to implement complex laws, such as the Clean Air Act or the Clean Water Act, federal courts should only rely upon agency interpretation closely tethered to Congressional intent and when such interpretation is persuasive. ”The Court has an opportunity to reset the shared powers of the federal government, thereby ensuring that legislative interpretation remains the primary province of federal courts, not unelected bureaucrats. Such a ruling will also force Congress to do its job better, enacting laws clear and unmistakable on their face, rather than leaving interpretation and imagination open to federal agencies seeking to expand their authority in ways never contemplated by Congress.” ConservAmerica is a nonprofit organization that advocates for market-based solutions to conservation, environmental, and energy challenges. Visit us at ConservAmerica <[link removed]> and follow us on Twitter @ConservAmerica <[link removed]> and Facebook <[link removed]> . CONTACT: [email protected] <mailto:[email protected]> . <[link removed]> ConservAmerica, 1455 Pennsylvania Avenue NW, Suite 400, Washington DC, United States Powered by Squarespace <[link removed]> Unsubscribe <[link removed]>