Oral Argument: Loper Bright Enterprises v. Raimondo | Case No. 22-451 | Date Argued: 1/17/24 | Date Decided: 6/28/24

Oral Argument: Loper Bright Enterprises v. Raimondo | Case No. 22-451 | Date Argued: 1/17/24 | Date Decided: 6/28/24

Case consolidated with Relentless, Inc. v. Department of Commerce, Case No. 22-1219.

Link to Docket: Here.

Background:

The Magnuson-Stevens Act (MSA) governs fishery management in federal waters and provides that the National Marine Fisheries Service (NMFS) may require vessels to "carry" federal observers onboard to enforce the agency's myriad regulations. Given that space onboard a fishing vessel is limited and valuable, that alone is an extraordinary imposition. But in three narrow circumstances not applicable here, the MSA goes further and requires vessels to pay the salaries of the federal observers who oversee their operations-although, with the exception of foreign vessels that enjoy the privilege of fishing in our waters, the MSA caps the costs of those salaries at 2-3% of the value of the vessel's haul. The statutory question underlying this petition is whether the agency can also force a wide variety of domestic vessels to foot the bill for the salaries of the monitors they must carry to the tune of 20% of their revenues. Under well-established principles of statutory construction, the answer would appear to be no, as the express grant of such a controversial power in limited circumstances forecloses a broad implied grant that would render the express grant superfluous. But a divided panel of the D.C. Circuit answered yes under Chevron on the theory that statutory silence produced an ambiguity that justified deferring to the agency.

Question Presented: 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.

Holding: The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron v. Natural Resources Defense Council is overruled.

Result: Vacated and remanded.

Voting Breakdown: 6-3. Chief Justice Roberts delivered the opinion of the Court, in which Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett joined. Justices Thomas and Gorsuch filed concurring opinions. Justice Kagan filed a dissenting opinion, in which Justice Sotomayor joined, and in which Justice Jackson joined as it applies to No. 22-1219. Justice Jackson took no part in the consideration or decision of the case in No. 22-451.

Link to Opinion: Here.

Oral Advocates:

• For Petitioner: Roman Martinez, Washington, D.C.
• For Respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D.C.