Fishermen await Supreme Court rulings that could change the regulatory authority of federal agencies

The Supreme Court heard oral arguments Wednesday in the Loper Bright Enterprises, Inc. v. Raimondo and Relentless, Inc. v. Dept. of Commerce cases that could see a longstanding 1984 precedent overturned.

The plaintiffs in the Loper Bright Enterprises, Inc. v. Raimondo case are a group of herring fishermen from Cape May, N.J., who are challenging a 2020 regulation issued by the National Marine Fisheries Service that requires them to pay around $700 per day for human monitors to be put on their boats when asked to ensure they adhere to fishing regulations.

Plaintiffs in the Relentless, Inc. v. Dept. of Commerce case are a group of Rhode Island fishermen who are challenging the 1984 Chevron precedent as well as the 2020 regulation.

The New Civil Liberties Alliance (NCLA), a nonprofit civil rights organization, is representing three fishing companies: Relentless Inc., Huntress Inc. and Seafreeze Fleet LLC.

The Cause of Action Institute, a nonprofit organization that advocates for government accountability, is representing the plaintiffs in the Loper Bright Enterprises, Inc. v. Raimondo case.

For the past 30 years, the Magnuson-Stevens Act (MSA) has given the National Oceanic and Atmospheric Administration (NOAA) the authority to require monitors on commercial fishing boats, according to the Cause of Action Institute.

"The MSA explicitly requires the owners of certain classes of fishing boats to pay for their own monitors. However, the MSA does not specify who is responsible for paying the cost of the monitors on the herring boats used by the fishermen," the organization stated.

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"The issue began when the government recently ran out of