Loper Bright Enterprises, Inc. v. Gina Raimondo

Herring Fishermen Petition U.S. Supreme Court to Reject Executive Power Grab

With the support of Cause of Action Institute and former Solicitor General Paul Clement, New Jersey fishermen are petitioning the U.S. Supreme Court to hear their case about government overreach and potentially overrule Chevron.  

The Magnuson-Stevens Act gives the National Oceanic and Atmospheric Administration (NOAA) discretionary authority to require monitors on commercial fishing boats. But when the agency ran out of money, it decided to shift the cost to fishermen themselves—without authorization from Congress.  

As a result of this unlawful mandate, most herring fishermen must effectively pay the salaries of monitors—estimated at over $700 per day—to ride their boats and watch them fish.  That’s more than some boat captains will make on the same trip. 

The Law is Clear 

Statutory context makes clear Congress knew how to delegate authority for industry-funded monitoring but decided not to for the herring fishery. Unfortunately, the D.C. Circuit held this silence was ambiguous and thus, due to Chevron deference, it must assume the government’s interpretation of the statue is correct.  As a result, the court allowed the government to mandate regulations that Congress never authorized. 

Overrule Chevron Deference 

The Supreme Court should either overrule Chevron or clarify that unelected bureaucrats cannot compel fishermen to pay at-sea monitors without a clear authorization from Congress. This case, Loper Bright Enterprises v. Raimondo, provides that opportunity.  

Download a case summary on Loper Bright Enterprises v. Raimondo here.


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Related Documents

Supreme Court of the United States

Petition for Certiorari


United States District Court for the District of Columbia

Full Docket

February 19, 2020: Complaint and Exhibits

June 8, 2020: Plaintiffs’ Motion for Summary Judgement

August 14, 2020: Plaintiffs’ Reply Brief

June 15, 2021: District Court Opinion


United States Court of Appeals for the District of Columbia Circuit

November 16, 2021: Appellants’ Opening Brief

January 6, 2022: Appellants’ Reply Brief

February 8, 2022: Oral Argument Recording

August 12, 2022: DC Circuit Opinion



NJ Fishermen Ask Supreme Court to End Unlawful, Job-Killing Mandate

IMMEDIATE RELEASE Contact:  James Davis, james@touchdownstrategies.com, (703) 635-5600 Contact:  James Valvo, media@causeofaction.org * * * Paul Clement unites with Cause of Action Institute to petition Court to overrule Chevron deference Bureaucrats bypass Congress to force herring fishermen to pay for at-sea monitors WASHINGTON, DC, November 10, 2022—Former U.S. Solicitor General Paul […]

Court Filings: Loper Bright Enterprises, Inc v. Gina Raimondo

Read important filings and follow updates in the case:

Herring fishermen appeal district court decision upholding industry-killing at-sea monitoring regulations

Washington D.C. – Cause of Action Institute today filed a notice of appeal to the U.S. Court of Appeals for the District of Columbia Circuit on behalf of several family-owned fishing companies based in New Jersey, who hope to block a new regulation that would force them to pay for […]

Family Fishermen Move to Block Industry-Killing At-Sea Monitoring Rule

Herring Fishermen are Fighting Burdensome Regulation, COVID-19, and New, Unlawful Monitoring Requirements to Stay Afloat Arlington, VA (June 8, 2020) – Cause of Action Institute (CoA Institute) today filed a motion for summary judgement on behalf of a group of New Jersey fishermen, asking a D.C. Federal Court to vacate […]

Family Fishermen Challenge Illegal, Industry-Killing At-Sea Monitoring Rule from Department of Commerce

The federal government finalized this regulation despite having no authority from Congress to do so

CoA Institute Highlights Deficiencies in Proposed Rule to Shift Burdensome Costs of At-Sea Monitoring to Commercial Fishermen

The New England Fishery Management Council (NEFMC), in coordination with the National Marine Fisheries Service (NMFS), seeks to approve and implement a controversial set of regulatory amendments that would create a new industry-funding requirement for at-sea monitoring in the Atlantic herring fishery and, moreover, create a standardized process for introducing […]


In the News

The National Agricultural Law Center: Ag and Food Law Daily Update: August 16, 2022

Herring Fishermen Must Pay for At-Sea Federal Monitoring Program, Maya Earls, Bloomberg Law

D.C. Circuit Review – Reviewed: Looking for a Theme …, Aaron L. Nielson, Yale Journal on Regulation

Fishermen lose challenge to rule requiring at-sea monitors, Sebastien Malo, Reuters

Fishermen file lawsuit against herring at-sea monitoring rule, Chris Chase, Seafood Source