The U.S. Supreme Court on Monday agreed to decide whether the government can require commercial fishermen to help fund a program monitoring herring catches off New England's coast in a case that could undercut the regulatory power of federal agencies.
The justices took up an appeal by New Jersey-based fishing companies of a lower court's ruling in favor of the U.S. government in a challenge to a conservation program overseen by the National Marine Fisheries Service. The program was begun in 2020 under former President Donald Trump and is being defended by President Joe Biden's administration.
Amid concerns about overfishing and fishery management, the program aims to monitor 50 percent of declared herring fishing trips in the regulated area, with program costs split between the federal government and the fishing industry. The monitors assess the amount and type of catch including species inadvertently caught.
The challengers, including lead plaintiff Loper Bright Enterprises, sued the government in 2020 in federal court, claiming the requirement that they help pay for monitoring exceeded the agency's authority under existing law.
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