| Abstrakt: |
On January 17, the U.S. Supreme Court heard argument in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. These cases discuss the National Marine Fisheries Service’s interpretation of the Magnuson-Stevens Act, and will decide “[w]hether 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.” The potential overruling or limiting of Chevron deference would have major consequences for environmental and regulatory law. On January 29, 2024, the Environmental Law Institute hosted a panel of experts who discussed these cases, takeaways from oral argument, and predictions for how the Court might rule. Below, we present a transcript of that discussion, which has been edited for style, clarity, and space considerations. [ABSTRACT FROM AUTHOR] |
