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A little fish at the Supreme Court could take a big bite out of regulatory power

Business and conservative interest groups hoping to limit the power of regulators believe they have a winner in the Atlantic herring and the boats that sweep the modest fish into their holds by the millions

By MARK SHERMAN
Published - Jan 16, 2024, 09:03 AM ET
Last Updated - Jan 16, 2024, 12:54 PM EST

WASHINGTON (AP) — Business and conservative interest groups that want to limit the power of federal regulators think they have a winner in the Atlantic herring and the boats that sweep the modest fish into their holds by the millions. 

In a Supreme Court term increasingly dominated by cases related to former President Donald Trump, the justices are about to take up a lower profile but vitally important cases that could rein in a wide range of government regulations affecting the environment, workplace standards, consumer protections, and public health. 

In cases being argued Wednesday, lawyers for the fishermen are asking the court to overturn a 40-year-old decision that is among the most frequently cited high court cases in support of regulatory power. 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. 

Billions of dollars are potentially at stake in front of a court that, like the rest of the federal judiciary, was remade during Trump's presidency by conservative interests that were motivated as much by weakening the regulatory state as social issues including abortion. 

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