Loper Bright Remand Is Early Test for Agency Rules Post-Chevron

A challenge to a federal rule on fishing observers that sparked a landmark US Supreme Court decision overturning the Chevron doctrine is back before the D.C. Circuit for review under the new standard.

Eight Atlantic herring fisheries will try to convince a US Court of Appeals for the District of Columbia Circuit panel during oral arguments Nov. 4 that Congress didn’t intend for the Magnuson-Stevens Fishery Conservation and Management Act’s broad mandate to require boat operators to cover the $710 daily wage of government-approved observers on their vessels.

The case tests if the law’s “necessary and appropriate” provision for fishery ...