Strong Amicus Support in Fishermen Case Challenging Chevron Deference

Contact: Paul Morrell
(443) 624-3265

James Valvo

44 briefs were filed by 171 amici, including 18 U.S. senators, 18 U.S. representatives, 27 state attorneys general, and Georgia Gov. Brian Kemp.

WASHINGTON, DC, July 25, 2023—New Jersey herring fishermen challenging an unlawful federal regulation at the Supreme Court next fall got a boost yesterday in the form of amicus briefs supporting their case—Loper Bright Enterprises, Inc. v. Raimondo.

The briefs were filed by fellow fishermen, professors, small business, industry, legal advocacy groups, public policy groups, and elected officials. A total of 44 briefs were filed by 171 amici, including 18 U.S. senators, 18 U.S. representatives, 27 state attorneys general, and Georgia Governor Brian Kemp.

The fishermen are challenging a federal regulation that forces them to pay the salaries of government-mandated at-sea monitors who observe their operations and report to the government. The fishermen argue Congress never granted the executive branch the authority to force them to pay for monitors.

Two lower federal courts ruled against the fishermen citing Chevron deference, which requires the courts to defer to federal agencies when congressional intent is ambiguous. The fishermen’s case provides the Supreme Court an opportunity to review and overrule Chevron, which would give Americans from all walks of life and businesses in every sector relief from government overreach and restore constitutional balance of powers.


“This case was brought by a small group of multi-generational fishing families, but those herring fishermen really represent the interests of countless mom-and-pop businesses and everyday Americans across the country,” said Ryan Mulvey, Cause of Action Institute counsel and co-counsel for the plaintiffs. “Everyone’s life is touched by federal regulation.  And everyone has the potential to be negatively impacted by unlawful government overreach or denied a fair hearing due to Chevron.


“This case provides an opportunity restore the proper roles of the federal courts and Congress to hold government accountable and ensure that all Americans can have their day in court,” Mulvey said. “The number of amicus filings reflects broad interest in overruling Chevron and ending unchecked power in the hands of government bureaucrats.”


Former U.S. Solicitor General Paul Clement and attorneys from Cause of Action Institute represent the fishermen.

Other organizations filing amicus briefs include: The U.S. House of Representatives, U.S. Chamber of Commerce, American Farm Bureau Federation, American Forest & Paper Association, Agricultural Retailers Association, National Association of Home Builders, National Cattlemen’s Beef Association, National Pork Producer’s Council, the North American Meat Institute, Pacific Legal Foundation, New Civil Liberties Alliance, Manhattan Institute, TechFreedom, Cato Institute, and the Little Sisters of the Poor.

You can find the complete list of amicus briefs, excerpts, and additional information about the fishermen’s case here.

Fishermen File Supreme Court Opening Brief Challenging Chevron Deference

Contact: Paul Morrell
(443) 624-3265

James Valvo

Loper Bright Enterprises v. Raimondo confronts unlawful agency overreach.

WASHINGTON, DC (July 17, 2023) — A group of New Jersey herring fishermen today filed opening arguments asking the Supreme Court to strike down an unlawful federal regulation that could force them to surrender 20 percent of their earnings to pay for at-sea monitors. The regulation, argue the fishermen, is not supported by law.

Former U.S. Solicitor General Paul Clement and lawyers from Cause of Action Institute represent the fishermen. They hope the justices will use the case to overrule Chevron deference, a legal doctrine that requires federal courts to defer to agency interpretations of law, even in the absence of expressed congressional authorization. Learn More

Federal Judge Orders FOIA Searches of Personal Accounts and Devices of Members of the New England Fishery Management Council

Judge Tanya Chutkan of the U.S. District Court for the District of Columbia ruled last week that the National Oceanic and Atmospheric Administration (“NOAA”) must conduct searches of the private accounts and devices of members of the New England Fishery Management Council for records related to the Council’s approval of the Industry-Funded Monitoring Omnibus Amendment.  The Omnibus Amendment is the controversial regulation at issue in Loper Bright Enterprises v. Raimondo, an important case in which the Supreme Court will reconsider the future of Chevron deference next year.

Learn More

Supreme Court to Hear Fishermen’s Chevron Challenge

Bill McMorris
(773) 951-7912

James Valvo

Case could restore judicial check on executive overreach.

WASHINGTON, DC, May 1, 2023—The Supreme Court announced today it will take up the case of New Jersey fishermen who are challenging the federal government’s attempt to unlawfully force them to pay monitoring fees without congressional approval—a case that gives the Court an opportunity to review and overrule the Chevron deference precedent. Critically, the Court granted only on Question Presented 2, which means it will directly address the future of Chevron. Learn More

Paul Clement on the Hugh Hewitt Show

Former Solicitor General Paul Clement has argued 100+ cases before the United States Supreme Court, but we really need SCOTUS to have him back to argue the merits of “chevron deference” in the case of Loper Bright Enterprises.

Eric Bolinder on the Steve Gruber Show

Ryan Mulvey on the Lars Larson Show