GOA Praises SCOTUS for Hearing Case Challenging Chevron Deference
By Erich Pratt
The United States Supreme Court has granted certiorari in a federal case that could majorly curtail the power of federal agencies, like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), to make regulations.
The case, Loper Bright Enterprises v. Raimondo, was brought by a group of commercial fishing companies who challenged a rule issued by the National Marine Fisheries Service requiring them to pay for government observers that make sure that the companies comply with fishery management plans. The group is challenging the Fisheries Service rule claiming that Congress did not grant the Department of Commerce (the Fisheries Service’s parent agency) the power to enact such a rule.
National Marine Fisheries Service claims it used Chevron deference when making the rule. Chevron deference stems from the 1984 Supreme Court case, Chevron v. Natural Resources Defense Council. It states that the court defers to the responsible federal agency for the interpretation of a law when that law is ambiguous or unclear. The commercial fishing companies are asking SCOTUS to reconsider its ruling in Chevron. The Supreme Court agreed to hear the group’s case.
Although the fishing industry brought this case forward, it could affect firearms regulations since the ATF has liberally used Chevron deference in its gun regulations…
Another gun rights organization that
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