Forum

U.S. Supreme Court

Case Status

Pending

Docket Number

Term

2023 Term

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Questions Presented

1. Whether, under a proper application of Chevron, the MSA implicitly grants NMFS the power to force domestic vessels to pay the salaries of the monitors they must carry.

2. Whether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.

Additional Information

Our Role in Shaping the Future of Chevron Deference in the Supreme Court 

Case Updates

U.S. Chamber urges Supreme Court to repudiate the practice of reflexive judicial deference to agency interpretations of statutes that has arisen under an expansive understanding of the Chevron doctrine

July 24, 2023

Click here to view the brief, which explains that if Chevron deference can be salvaged at all, the only path to doing so is by adhering faithfully to the separation of powers.

Helgi C. Walker, Russel B. Balikian, Jessica L. Wagner, and Edward B. Ferguson of Gibson, Dunn & Crutcher LLP and the U.S. Chamber Litigation Center served as co-counsel for the Chamber.

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