BIG NEWS in #LoperBright. @NOAAFish has directed the New Eng. Fishery Mgmt. Council to rescind the industry-funded monitoring requirements for the herring fishery. If the council doesn’t act, @CommerceGov may repeal them directly. Read more below. @CauseofActionDC pic.twitter.com/3kbuxeGUw6
— Ryan Mulvey (@RPMulvey) May 5, 2026
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Read the press release here.
Read the letter here.
Supreme Court decision in Loper Bright Enterprises v. Raimondo restores a vital judicial check on executive overreach and will protect individual liberties.
WASHINGTON, DC, June 28, 2024 — Today, attorneys for a group of New Jersey herring fishermen landed a significant victory at the Supreme Court. With its ruling in Loper Bright v. Raimondo, the Court has overruled the Chevron doctrine and restored the balance of power between Congress and the Administration. The Loper Bright decision was issued alongside Relentless v Department of Commerce.
The fishermen in the Loper Bright case face an unlawful requirement imposed on them by an executive branch agency that could force them to surrender 20 percent of their earnings to pay at-sea monitors. Because that fee resulted from unlawful overreach and threatened their ability to make a living, the fishermen decided to challenge the requirement in court four years ago. After a split decision in the D.C. Circuit, the Supreme Court decided to review the Chevron doctrine, which is the legal theory the government cited to justify its controversial monitoring rule. For 40 years, Chevron has required federal courts to abdicate their constitutional role to interpret the law by deferring to agency interpretations of statutes whenever those same agencies deem the law “silent” or “ambiguous.” In practice, such deference permitted agencies to engage in egregious overreach, often at the expense of ordinary citizens.
Bill Bright, a Cape May-based herring fishermen and eponymous plaintiff in Loper Bright, offered this statement: “We are grateful the Court has overruled Chevron. Today’s restoration of the separation of powers is a victory for small, family-run businesses like ours, whether they’re involved in fishing, farming, or retail. Congress never authorized industry-funded monitoring in the herring fishery. And agency efforts to impose such funding hurts our ability to make an honest living. Nothing is more important than protecting the livelihoods of our families and crews.”
Former U.S. Solicitor General Paul Clement, who argued on behalf of the fishermen before the Supreme Court, added the following: “The Court’s decision puts to rest an interpretive methodology that has seriously distorted how the political branches operate for far too long. Courts should ask what the law means, not whether it is ambiguous, and in close cases, the tie should go to the citizen, not the government. We are gratified that the Court restored the constitutionally mandated separation of powers.”
In the Supreme Court’s opinion, Chief Justice Roberts wrote: “The deference that Chevron requires of courts reviewing agency action cannot be squared with the APA.” He went on to say, “Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities. Courts do.”
“The Court’s decision to overrule Chevron is one of the most consequential administrative law victories for small businesses in recent memory,” said James Valvo, Executive Director of Cause of Action Institute. “We’re gratified that the Court recognized Chevron’s perverse consequences and ruled in favor of our clients and all citizens whose livelihoods are threatened by an unaccountable bureaucracy. We look forward to any further steps that will be needed to ensure the unlawful industry-funded monitoring regime imposed on herring fishermen is finally taken off the books.”
The fishermen’s briefs can be found here and here. You can find the complete list of amicus briefs, excerpts, and additional information about the fishermen’s case here.
For more information, reach out to StandTogether@AugustCo.com or media@causeofaction.org.
About Cause of Action Institute: Cause of Action Institute is a 501(c)(3) non-profit, a part of the Stand Together community, working to enhance individual and economic liberty by limiting the power of the administrative state to make decisions that are contrary to freedom and prosperity by advocating for a transparent and accountable government free from abuse.
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Contact: Paul Morrell
paul@touchdownstrategies.com
(443) 624-3265
James Valvo
media@causeofaction.org
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.
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Contact: Paul Morrell
paul@touchdownstrategies.com
(443) 624-3265
James Valvo
media@causeofaction.org
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
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Contact:
Bill McMorris
bill@touchdownstrategies.com
(773) 951-7912
James Valvo
media@causeofaction.org
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
WASHINGTON, DC, March 8, 2023—New Jersey herring fishermen asked the Supreme Court in a final brief to rein in regulators that rely on judicial deference to circumvent the will of Congress.
The fishermen are challenging the lawfulness of a regulation that could force them to hand over 20 percent of their pay to third-party at-sea monitors they must carry on their boats—a mandate that Congress never approved by statute and did not give the National Marine Fisheries Service (NMFS) the authority to require by regulation. The U.S. Solicitor General recently filed a brief with the Court urging the justices to ignore the checks and balances of the U.S. Constitution in order to preserve the controversial doctrine of Chevrondeference.
The fishermen, represented by former Solicitor General Paul Clement and lawyers from Cause of Action Institute, petitioned the Court in November to review the fishermen’s case.
“If Chevron really allows an agency to supplement its enforcement resources by forcing the regulated to fund additional regulators without express authorization or appropriation from Congress, then Chevron is in desperate need of some additional remarks from this Court, either to clarify that silence is not ambiguity or to inter this agency-empowering doctrine once and for all,” the fishermen argue in today’s filing.
The future of their industry may depend on whether the Supreme Court accepts the case. Clement said the justices should deliver a clear signal to regulators, as well as Congress, about the separation of powers.
“No federal law gives the NMFS or any other agency the power to force fishermen to pay monitor salaries,” Clement said. “When a federal agency grants itself the power to tax the regulated to pay for more regulators, no one is safe from government overreach and abuse.”
The federal government’s attempt to blanket over its misuse of power demonstrates why the Supreme Court must step in to overrule Chevron and return lawmaking to Congress rather than federal bureaucrats, according to Cause of Action Institute counsel Ryan Mulvey.
“The federal government knows it cannot defend this blatant attempt to bypass Congress and force economic harm on hardworking fishing families, so it must rely on a dubious legal doctrine,” Mulvey said. “The Supreme Court should reverse the courts below and either overrule or further limit Chevron. America’s constitutional principles are at stake. We are confident the Supreme Court will see through NMFS’s desperate arguments, bring justice to these fishing families, and deliver the long overdue deathblow to Chevron deference.”
You can read today’s filing on behalf of the NJ fishermen here.
Cause of Action Institute has compiled background information here, including links to filings, amicus briefs, and a short video featuring interviews with the NJ fishermen.
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Contact: James Davis, james@touchdownstrategies.com, (703) 635-5600
Contact: James Valvo, media@causeofaction.org
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18 State Attorneys General File Amicus Brief
Urging SCOTUS Review of Chevron Deference
14 amicus briefs filed by 39 organizations, individuals, and states
WASHINGTON, DC, December 18, 2022—Eighteen state attorneys general urged the U.S. Supreme Court Thursday to limit Chevron deference “in a way that is consistent with the separation of powers and the principles of federalism. Otherwise, it’s time to toss it.”
The attorneys general’s request is just one of 14 amicus briefs filed by 39 organizations, individuals, and states in the case of New Jersey fishermen challenging an unlawful federal mandate that requires Atlantic herring fishermen to pay more than $700 per day for monitors to ride their boats, observe their activities, and report to the government.
The fishermen argue Congress never granted the National Oceanic and Atmospheric Administration the authority to force fishermen to pay for monitors. The D.C. Circuit Court of Appeals ruled against the fishermen citing Chevron deference, which requires courts to defer to federal agencies when congressional intent in ambiguous.
Former U.S. Solicitor General Paul Clement and attorneys from Cause of Action Institute petitioned the Court in November to hear the fishermen’s case (Loper Bright Enterprises, Inc. v. Gina Raimondo) and to overrule Chevron. They argue Chevron undermines congressional authority and the judiciary’s responsibility to interpret law.
Other organizations, individuals, and businesses filing amicus briefs include:
“This tremendous support highlights the broad agreement that the Supreme Court needs to revisit Chevron and ensure federal agencies do not usurp the constitutional authorities reserved for Congress and the courts,” James Valvo, executive director of Cause of Action Institute, said.
The federal government response to the fishermen’s petition is due January 17, 2023.
You can find the complete list of amicus briefs here.
Additional information about the fishermen’s case can be found here.
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