The Demise of Chevron Deference By Kevin E. Noonan — Not surprisingly, the Supreme Court overturned the “Chevron deference” principle from its 1984 Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. decision in Loper Bright Enterprises v. Raimondo (and it did so expressly and with no equivocation, stating “Chevron is overruled”). This case (decided below on Chevron principles) arose over a dispute involving regulation on fishing (and the amount thereof) in an area within 200 nautical miles beyond the U.S. territorial sea (12 nautical miles from shore). The regulations were enacted under the Magnuson-Stevens Fishery Conservation and Management Act…
