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☆ How Biden's new student-loan forgiveness plan could be jeopardized before it even goes into effect
▼ + stars: | 2024-04-14 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +6 min

New details for President Joe Biden's student-loan forgiveness plan are out — and it's already shaping up to be a rocky road to implementation. Related storiesCoglianese is referring to a rule known as the Chevron doctrine, the fate of which is currently awaiting a Supreme Court ruling. AdvertisementHerrine said he expects the same groups who brought the cases against Biden's first debt relief plan to challenge this second one. "The administration is certainly still facing a very skeptical Supreme Court," Coglianese said. "Even though it's a different statute, it's still a skeptical Supreme Court.

Persons: Joe Biden's, Biden's, Biden, —, Cary Coglianese, Coglianese, Chevron, Raimondo, Luke Herrine —, Herrine, Andrew Bailey, it's, It's Organizations: Service, Education Department, Higher, Business, The Education Department, University of Pennsylvania, Loper Bright Enterprises, National Marine Fisheries, Supreme, Biden, Chevron, University of Alabama — Locations: Chevron, Missouri

☆ Supreme Court Justice Neil Gorsuch has a grudge against federal agencies. He holds their fate in his hands
▼ + stars: | 2024-01-17 | by ( Joan Biskupic | ) edition.cnn.com time to read: +12 min

Her memoir was, appropriately, entitled: “Are You Tough Enough?”Her son Neil Gorsuch, a Supreme Court justice since 2017, has shown his own brand of defiance and anti-regulatory fervor. In recent years, Justice Gorsuch has voted against regulations that protect the environment, student-debt forgiveness and Covid-19 precautions. He has led calls on the court for reversal of a 1984 Supreme Court decision that gives federal agencies considerable regulatory latitude and that, coincidentally traces to his mother’s tenure. The lawyers who will argue on behalf of the challengers are seasoned appellate advocates who once served as Supreme Court law clerks, as did Solicitor General Prelogar. That argument has prevailed in courts for decades, but the Supreme Court has signaled that it is ready for a new era.

Persons: Anne Gorsuch, Ronald Reagan White, Neil Gorsuch, Gorsuch, Chevron, Charles Koch, Trump, “, ”, ” Gorsuch, Elizabeth Prelogar, ” Neil Gorsuch, Ronald Reagan, –, Robert Burford, Anne Burford, Neil, John Paul Stevens, Thomas Merrill, Stevens, Merrill, Magnuson, Koch, Prelogar, Roman Martinez, ” Martinez, ” Paul Clement, ” Clement, ” Prelogar, Biden, Don McGahn, Anne Gorsuch Burford, McGahn, “ I’ve Organizations: CNN, Environmental Protection Agency, Congress, Ronald Reagan White House, Chevron USA, Inc, Natural Resources Defense Council, Chevron, Marine Fisheries Service, ”, Supreme, “, White House, Land Management, Columbia University, Conservative, National Marine Fisheries Service, Loper Bright Enterprises, Stevens Conservation, Management, “ Chevron, Trump Locations: Washington, Chevron, Colorado

☆ Supreme Court weighs conservative plea to weaken federal agencies
▼ + stars: | 2024-01-17 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +6 min

Supreme Court Police officers stand on the plaza outside of the Supreme Court of the United States after the nation's high court stuck down President Biden's student debt relief program on Friday, June 30, 2023 in Washington, DC. WASHINGTON — A 40-year-old Supreme Court precedent that over the years has become a bugbear on the right because it is viewed as bolstering the power of federal agencies could be on the chopping block as the current justices on Wednesday consider whether to overturn it. Justice Gorsuch has been an outspoken critic of the Chevron ruling. Jonathan Adler, a professor at Case Western Reserve University School of Law, said there were always disagreements among lawyers and academics over how courts should apply the Chevron ruling. The fisheries dispute is one of several in the current court term in which the justices are considering attacks on federal agency power led by business interests and the conservative legal establishment.

Persons: Biden's, Reagan, Anne Gorsuch, Neil Gorsuch, Gorsuch, David Doniger, Jonathan Adler, Joe, Magnuson, Trump, Don McGahn Organizations: Police, WASHINGTON —, Natural Resources Defense, Chevron, Environmental Protection Agency, Act, EPA, Democratic, Case Western Reserve University School of Law, National Marine Fisheries Service, Stevens Fishery Conservation, Management, Trump, Trump White House, Conservative Political, Conference Locations: United States, Washington , DC, Chevron v, Chevron, New England

☆ Trump’s appointees are poised to give conservatives another long-sought reversal
▼ + stars: | 2024-01-17 | by ( Joan Biskupic | ) edition.cnn.com time to read: +8 min

Reversal of the so-called Chevron deference approach was a priority for the judicial selection team that served Trump – on par with some right-wing activists’ quest for reversal of constitutional abortion rights. The reconstituted Supreme Court delivered on that agenda item in 2022 when it overturned Roe v. Wade. Former White House counsel Don McGahn, who controlled Trump’s judicial selections, regularly touted the administration’s anti-regulation agenda. He was especially drawn to the first two Trump appointees, Neil Gorsuch and Brett Kavanaugh, for their records in that regard. In his written brief and during arguments, Martinez invoked an adage of Chief Justice Roberts from his 2005 confirmation hearings, that judges serve as umpires, just calling balls and strikes.

Persons: Donald Trump, who’ve, Roe, Wade, Don McGahn, Neil Gorsuch, Brett Kavanaugh, “, ” McGahn, McGahn, Anne Gorsuch, Reagan, Gorsuch, ”, “ I’ve, Trump, Mitch McConnell, Leonard Leo, Biden, Roberts, John Roberts, ” Roberts, Roman Martinez, Martinez, –, Magnuson, Elizabeth Prelogar, don’t, Prelogar, Elena Kagan, ” Kagan, there’s, ” Martinez, Paul Clement, Justice Roberts, Ketanji Brown Jackson, They’re, ” Kavanaugh, George W, Bush, ” Said Kavanaugh Organizations: CNN, Trump, White House, Chevron, Environmental Protection Agency, Republican, Federalist Society, Chevron USA, Inc, Natural Resources Defense, ”, “ Chevron, National Marine Fisheries Service, Stevens Conservation, Management, Congress Locations: lockstep, Chevron

The 1984 decision states that when laws aren’t crystal clear, federal agencies should be allowed to fill in the details as long as they come up with a reasonable interpretation. At least four justices — Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh — have questioned the Chevron decision. Defending the rulings that upheld the fees, the Biden administration said that overturning the Chevron decision would produce a “convulsive shock” to the legal system. Environmental, health advocacy groups, civil rights organizations, organized labor and Democrats on the national and state level are urging the court to leave the Chevron decision in place. Conservative interests that also intervened in recent high court cases limiting regulation of air and water pollution are backing the fishermen as well.

Persons: Donald Trump’s, John Paul Stevens, Trump, — Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh —, Chevron, Biden, Elizabeth Prelogar, Ketanji Brown Jackson Organizations: WASHINGTON, Chevron, Marine Fisheries Service Locations: Rhode, New Jersey, Rhode Island

Lower courts used the decision to uphold a 2020 National Marine Fisheries Service rule that herring fishermen pay for monitors who track their fish intake. A group of commercial fishermen appealed the decision to the Supreme Court. They lost in the lower courts, which relied on the Chevron decision to sustain the regulation. The Supreme Court itself hasn't invoked the Chevron decision since Trump's justices began arriving on the court in 2017, the first year of the Republican's administration. ___Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.

Persons: Donald Trump, ”, Mark Chenoweth, Koch, it’s “, David Doniger, Doniger, — Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh —, Ryan Mulvey, “, Leif Axelsson, Axelsson, he’d, John Paul Stevens, ” Stevens, Sandra Day O'Connor, hasn't, Paul Clement, ” Clement Organizations: WASHINGTON, — Business, Marine Fisheries Service, Supreme, Chevron, New Civil Liberties Alliance, Natural Resources Defense, American Cancer Society, ”, Trump, Action Institute, Fishermen, U.S Locations: Rhode Island, Cape May , New Jersey, Coast, Cape

☆ How 3 big Supreme Court cases could derail the government
▼ + stars: | 2023-11-29 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +7 min

On Wednesday, the Supreme Court is hearing a case challenging the authority of federal agencies. AdvertisementThree major Supreme Court cases could upend the way the government works — and put Americans' federal benefits and consumer protections at risk. These are the other big cases to follow on the Supreme Court's docket. AdvertisementChanging how the federal government is allowed to make regulationsAnother Supreme Court challenge has big implications for the way all federal agencies function. AdvertisementThe Supreme Court will likely issue final decisions on these cases by June.

Persons: —, George Jarkesy, Jarkesy, Sheila Bair, Loper, Raimondo Organizations: Service, SEC, Securities and Exchange Commission, Center, American Progress, Social Security, Social Security Administration, Financial, Community Financial Services Association of America Ltd, Federal, Fifth Circuit, Federal Deposit Insurance, Loper Bright Enterprises, National Marine Fisheries Locations: Chevron

The country's canned seafood industry is moving well beyond tuna sandwiches, a pandemic-era trend that began with Americans in lockdown demanding more of their cupboard staples. U.S. canned seafood industry sales have grown from $2.3 billion in 2018 to more than $2.7 billion so far this year, according to market research firm Circana. “I was eating the same canned fish that my great grandmother Rose in Brooklyn was eating in the 1930s," she said. “I thought that was just insane.”Her company, Fishwife Tinned Seafood Co., set out to offer high-quality, sustainably sourced seafood. “Our mission is really to just galvanize the canned fish industry and transform and make it what we think it can be,” Millstein said, adding that means offering much more “than tuna fish sandwiches."

Persons: Fishionado, Kris Wilson, Becca Millstein, coronavirus, “, ” Millstein, Rose, ”, Millstein, “ They’re, Simi Grewal, Manel, ” Maria Finn, John Steinbeck's, John Field, he's, ___ Watson Organizations: FRANCISCO, West Coast, Conservas, U.S . Food, Drug Administration, Greenpeace, National Marine Fisheries Service Locations: Europe, U.S, Danish, San Francisco, Houston, New York, tastings, TikTok ., Los Angeles, Spain, Portugal, Brooklyn, West, canneries, Oregon, Washington, Chengdu, Pacific, Bay, Patagonia, California, Monterey, San Diego

The whales were buoyed by a strong birthing year in 2021, when 18 calves were born into the population, the consortium said. However, consortium members cautioned that the high mortality faced by the whales from collisions and entanglement remains an unsustainable burden. Scientists say one reason the whales are now in decline has to do with warming oceans and climate change. Numerous lobster fishermen have opposed proposed fishing restrictions they fear would put them out of business rather than help whales. The right whale consortium said sublethal injuries to whales from collisions and fishing gear are also a major concern for the remaining population.

Persons: ”, Philip Hamilton, they're, Dave Cousens, Katie Moore, Janet Coit, Coit Organizations: U.S ., Atlantic, Whale Consortium, Anderson Cabot Center, Ocean, New, Maine Lobstermen’s Association, International Fund for Animal Welfare, National Marine Fisheries Service Locations: PORTLAND, Maine, North Atlantic, U.S . East Coast, Florida, Georgia, New England, Canada

The scientists found large whales such as humpbacks and North Atlantic right whales were among the most vulnerable to climate change, and that other toothed whales and dolphins were also at high risk. The scientists looked at the animals' degree of exposure to climate change and sensitivity and capacity to adapt to it. “The U.S. is one of the most data-rich countries when it comes to marine mammals, and those data should be driving what are arguably some of the world’s strongest laws to protect marine mammals," she said. But the way climate change affects the giant animals is global in nature, so the broader approach is helpful, she said. Climate change also could affect the distribution and behavior of marine mammals, the study states.

Persons: Matthew Lettrich, ” Lettrich, Regina Asmutis, Silvia, “, Laura Ganley, Ganley, ”, Gib Brogan, ” Brogan, Patrick Whittle Organizations: —, National Oceanic, Atmospheric Administration, U.S, National Marine Fisheries Service, NOAA, Conservation, Anderson Cabot Center, Ocean, New, Aquarium, AP Locations: PORTLAND, Maine, U.S, North Atlantic, Gulf of Mexico, Caribbean, Massachusetts, Boston, New England, United States, of Maine, Georgia, Florida, Canada, Oceana

On the heels of that decision, a federal appeals court invalidated a federal law that bars an individual who is subject to a domestic violence restraining order from possessing a firearm. A three-judge district court panel struck down the plan in January, saying that race had been the predominant motivating factor. Three years ago, the Supreme Court limited the independence of the CFPB by invalidating its leadership structure. The court’s decision could impact whether the SEC and other agencies can conduct enforcement proceedings in-house, using administrative courts staffed with agency employees, or whether such actions must be brought in federal court. “It’s difficult to think of any other recent First Amendment cases in which the stakes were so high,” Jaffer added.

Persons: Clarence Thomas, ”, Biden, Zackey Rahimi, John Roberts, Taiwan Scott, Thomas, Elizabeth Prelogar, Magnuson, Paul Clement, ” Clement, “, pare, George Jarkesy, Sackler, ” Prelogar, Jameel Jaffer, Jaffer Organizations: CNN, Gun Safety, South Carolina’s Republican, South Carolina State Conference of, NAACP, Democrat, Republican, National Marine Fisheries Service, Chevron, Natural Resources Defense, Stevens Fishery Conservation, Management, Independent, Consumer Financial, Federal Reserve, US, Federal Deposit Insurance Corporation, Securities, Exchange, US Securities and Exchange Commission, SEC, Social Security Administration, Circuit, Historic Purdue Pharma, Purdue Pharma, Sackler, Purdue, Facebook, YouTube, Columbia University’s Locations: United States, South Carolina, Alabama, Taiwan, Charleston County, Chevron, Florida, Texas

WASHINGTON (AP) — President Joe Biden has vetoed Republican-sponsored bills intended to undo federal protections for two endangered species that have seen their populations plummet over the years: the lesser prairie chicken and northern long-eared bat. The two GOP measures would overturn “science-based rulemaking" that offers important protections for the once-abundant species and would undermine the Endangered Species Act, Biden said. Environmentalists have long sought stronger federal protections for the prairie bird, which they consider severely at risk due to oil and gas development, livestock grazing and farming, along with roads and power lines. Veto of the lesser-prairie chicken measure puts the bird "on a more certain path to recovery,” said Michael Parr, president of American Bird Conservancy. The American public, regardless of party affiliation, overwhelmingly supports the Endangered Species Act and believes it should be fully funded to protect species from extinction.

Persons: Joe Biden, Biden, Bruce Westerman of, “, ”, Michael Parr, ” Jamie Rappaport Clark Organizations: WASHINGTON, Republican, GOP, Congress, U.S . Fish, Wildlife Service, National Marine Fisheries Service, Natural Resources, Republicans, Washington , D.C, Council, Fish and Wildlife Service, Environmental, American Bird Conservancy, of Wildlife, American Locations: Midwest, New Mexico, Texas, Colorado , Oklahoma, Kansas, United States, Bruce Westerman of Arkansas, America, East, South America, Washington ,, Canada, U.S

They come as New Jersey continues to grow as a hub of opposition to offshore wind projects from residents' groups and their political allies, mostly Republicans. The state's Democratic governor and Democratic-controlled Legislature want to make the state the East Coast leader in offshore wind energy. “Our goal is to bring offshore wind energy monitoring activities into this partnership. Opponents of offshore wind blame the deaths of 70 whales along the East Coast since December on offshore wind site preparation work. Earlier this week, Republicans in the state Senate called for a moratorium on all offshore wind projects.

Persons: Doug Perkins, “, ”, Jon Hare, Perkins, David Shanker, ” Shanker, Wayne Parry Organizations: CITY, Democratic, East Coast, Grid Ventures, National Oceanic, Atmospheric Administration, Fisheries Science Center, NOAA, Atlantic City, National Marine Fisheries Service, Right Whales Coalition, Twitter Locations: N.J, New Jersey, Essen, Germany, New York, Long, , New York, Denmark, Ocean City, Atlantic, East Coast, American, Orsted, www.twitter.com

The red king crab fishery was closed; the snow crab fishery cut to a tenth of the previous year's take. After another bad survey last year, the red king crab fishery closed again and the snow crab fishery closed for the first time ever. Kevin Abena, who runs a fishing business with his father, also relies on tendering to stay afloat in the wake of the crab fishery closure. Researchers this year brought samples of crab back to Kodiak for further analysis, exploring how snow crab respond to stress in their environment, including rising heat. It will help determine what crab fisheries might open this winter and decisions on each kind of crab are expected some time in early October.

Persons: — Gabriel Prout, ”, Prout, he's, Kevin Abena, Mike Litzow, ” Litzow, “, Mark Stichert, you’re, ” Abena, ” Prout, “ It'd, Joshua A . Bickel Organizations: Kodiak, Alliance Cooperative, Kodiak Fisheries Science Center, ”, Alaska Department of Fish, National Marine Fisheries Service, Pacific Fishery Management, Bristol Bay, Bristol Bay Red King, U.S . Department of Commerce, Twitter, AP Locations: KODIAK, Alaska, Bering, Bristol Bay, Kodiak, Alaska Bering, Bristol Bay Red, ___

Washington CNN —The Supreme Court agreed Monday to reconsider long held precedent and decide whether to significantly scale back on the power of federal agencies in a case that can impact everything from how the government addresses everything from climate change to public health to immigration. Conservative justices have long sought to rein in regulatory authority, arguing that Washington has too much control over American businesses and individual lives. The justices have been incrementally diminishing federal power but the new case would allow them to take a much broader stride. Clement argued that the agency exceeded its authority and needed direct and clear congressional authorization to make the demand. The regulation was put in place to combat overfishing of the fisheries off the coasts of the US.

The case is the latest bid asking the Supreme Court, which has a 6-3 conservative majority, to rein in the authority of federal agencies. The companies are asking the Supreme Court to overturn its own decades-old precedent calling for judges to defer to federal agency interpretation of U.S. laws, a doctrine called "Chevron deference." The New England herring fishing regulations were issued by the fisheries service, part of the U.S. Commerce Department. The Biden administration said in court papers that the monitoring program will be suspended for the fishing year starting in April due to insufficient federal funding. The Supreme Court is due to hear the case in its next term, which begins in October.

☆ Supreme Court Takes Up Case That Could Curtail Agency Power to Regulate Business
▼ + stars: | 2023-05-01 | by ( Charlie Savage | ) www.nytimes.com time to read: +1 min

WASHINGTON — The Supreme Court agreed on Monday to take up a case that could make it easier to curtail the power of administrative agencies, a long-running goal of the conservative legal movement that could have far-reaching implications for how American society imposes rules on businesses. In a terse order, the court said it would hear a case that seeks to limit or overturn a unanimous 1984 precedent, Chevron v. Natural Resources Defense Council. According to the decision, if part of the law Congress wrote empowering a regulatory agency is ambiguous but the agency’s interpretation is reasonable, judges should defer to it. The National Marine Fisheries Service established the rule, and a group of companies has challenged whether the agency had the authority to do so. When the Supreme Court decides on the case, most likely in its next term, the outcome could have implications that go beyond fisheries.

That ruling, widely known as “Chevron deference,” directs judges to defer to agencies’ interpretation of laws that may be ambiguous. The companies sued the federal government in 2020 over the monitors, who ensure the boats are complying with federal fishing laws. The precedent has been viewed with increasing skepticism in recent years, especially among conservatives, including Supreme Court Justice Neil Gorsuch. v. Gina Raimondo et al., United States Supreme Court, case No. For the fishing companies: Paul Clement, Andrew Lawrence and Chadwick Harper of Clement & MurphyFor the government: Counsel information not immediately availableOur Standards: The Thomson Reuters Trust Principles.

☆ Alaska cancels snow crab season, threatening key economic driver
▼ + stars: | 2022-10-14 | by ( Evan Bush | ) www.cnbc.com time to read: +5 min

For the first time, crews in Alaska won't be braving ice and sea spray to pluck snow crab from the Bering Sea. The Alaska Department of Fish and Game canceled the snow crab season earlier this week after a catastrophic population crash of the sizable crustaceans. "It's going to be life-changing, if not career-ending, for people," said Dean Gribble Sr., a 63-year-old crab boat captain who has fished for "opies" — snow crab — since the late 1970s. In summer, many small snow crab make their habitat in a cold pool that forms on the Bering seafloor. The newspaper was the first to report the snow crab season closure.

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