On January 17, 2024, the Supreme Court of the United States
(“SCOTUS”) heard oral arguments in the case of Relentless, Inc. v. Department
of Commerce. The case involves a challenge by plaintiff Relentless to a
rule issued by the National Marine Fisheries Service (“NMFS”) requiring the
herring fishing industry to bear the cost of overcatch observers on fishing
boats. In addition to a challenge of the rule, the plaintiff also challenged
the Chevron doctrine, which the Court has applied to decide cases
involving federal regulations since 1984. Under the Chevron doctrine, federal
regulatory agency decisions are entitled to deference by the federal courts
when they are a reasonable interpretation of an ambiguous statute. Chevron,
U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837, 845 (1984).