What is the Chevron deference and why has it been overruled?

While “Chevron deference” may sound like a chess strategy, it actually refers to a landmark Supreme Court ruling, Chevron v. Natural Resources Defense Council.

The court decided in 1984 that judges should defer to federal agencies in interpreting ambiguous parts of statutes.

The idea was that if Congress passes a law where something is unclear – or there is a “gap” – it is up to an agency to fill in the gap.

In practice, that gave arms of the federal government such as the Environmental Protection Agency the freedom to create and implement rules without fear of protracted legal battles.

Then, in 2020, herring fishermen entered the chat.

That year the Trump administration began requiring that they cover the costs of taking federal monitors on fishing trips. The fishing vessels did not have a choice – it was illegal to fish without federal monitors on board to check on the Atlantic fishery, an area that extends from Maine to North Carolina.

They previously didn’t pay for the monitors.

Commercial fishing companies – supported by conservative and corporate groups including the billionaire Charles Koch – sued in two separate cases.

In one, a federal judge ruled the National Marine Fisheries Service could legally impose the costs under the Chevron deference.