Fish stories are hard enough to believe, but even harder when their origin hails from the capital of tall tales and broken promises — aka Washington D.C.
But this time, this fish story is true.
These fishermen didn’t just tell their story down at the local pubs, coffee shops or Sunday school class, they told it in front of the nine justices at the highest court in the land — the Supreme Court. In the end, their story may have totally upended how business is done in our nation’s capital and how business is done in almost every industry across the entire nation, including agriculture.
On June 28, the U.S. Supreme Court ruled in favor of the plaintiff fishermen in Loper Bright Enterprises v. Raimondo, overturning the longstanding Chevron deference — a legal precedent that gave federal agencies wide latitude in interpreting congressional statutes. Specifically in this case it limited the authority of NOAA Fisheries, a government agency, to implement regulations without clear guidance from lawmakers.
In early 2020, the National Oceanic and Atmospheric Administration (NOAA) decided those who operate herring boats were required to pay for the federal monitors who periodically ride along during fishing trips. Such monitors were put in place to make sure fish catch limits were not being exceeded and fishing methods were practiced in compliance with regulations.
The rub that these fishermen had was not necessarily the presence of such monitors aboard their ships. Rather it was the fact that government agency, NOAA, mandated the fishermen were on the hook for paying for the monitors. In essence, it was the bureaucratic equivalent of paying the fox to guard your own henhouse.
This ruling by the Supreme Court throws a wet blanket on how government agencies have operated for the past 40 years.
Predictably, bureaucrats are now playing the Chicken Little card saying the sky will fall, rivers will turn red, and the skies will turn black. Meanwhile, businesses and many average joes are celebrating the ruling saying maybe – just maybe –a little common sense has been restored in how our lives and businesses are regulated on a daily basis.
The Ripple Effect
Could this be the nudge needed so we can start to have some truly honest two-sided discussions about things like gas stoves, gasoline cars, and burping cows before we hastily put everything we know out to pasture? Maybe the world, in which every day is a new day with another new regulation, will finally stop spinning or at least slow down.
There is no doubt the overturning of the Chevron Doctrine will certainly clip the powers of federal agencies to issue regulations. This will most heavily impact agriculture when it comes to federal regulations surrounding food and drug safety, environmental and welfare standards. The real world impact at the agency level is that these regulations will be harder to create and enforce, affecting progressive efforts in specific areas like agriculture runoff, wetland protection, climate, and animal treatment guidelines.
The river of tears currently being shed by the regulatory class and their enablers was essentially self-inflicted. If they were humble enough to look at themselves in a mirror, they might realize that. The pendulum of power had swung too far in their direction because, by default, they were gifted broad powers to interpret the vague laws that Congress failed to detail from the beginning. You know the saying, “Power corrupts, and absolute power corrupts absolutely.”
As much as it may look like the Supreme Court knocked regulatory agencies down a couple of notches, it exposed the real underlying issue, Congress is lazy when it comes to writing its own laws. It has probably only gotten worse over the past 40 years since the Chevron Doctrine has been in place.
Who can forget the infamous words of Speaker Nancy Pelosi (D-CA) on the eve of the House of Representatives vote on health care reform (aka Obamacare) back in March of 2010? “We have to pass the bill so that you can find out what is in it,” Pelosi said. That pretty much sums up how Congress has operated during most of our adult lifetime. At least six justices said it was time for lawmakers to grow up and start doing their job.
What This Means For Ag
Many agriculture trade groups hailed the decision as a clear victory. The National Cattlemen’s Beef Association (NCBA), the National Pork Producers Council (NPPC), the American Farm Bureau Federation (AFBF), and the Agricultural Retailers Association (ARA) all released statements in support of the decision.
“For decades, Congress has passed vague laws and left it to federal agencies and the courts to figure out how to implement them,” AFBF’s President Zippy Duvall said in a response to the ruling. “AFBF has argued on behalf of farmers who are caught in a regulatory back and forth when administrations change the rules based on political priorities instead of relying on the legislative process. We are pleased the Court heard those concerns.”
Incidentally, one of the first significant pieces of agriculture legislation that Congress may get to try its new ‘big boy pants’ on is the much delayed farm bill. The new rules will push the legislative bodies to be much more detailed and elaborate in the legislation in order to avoid judicial challenges and ensure regulators can actually implement the key provisions of the bill.
The much anticipated farm bill is only the tip of the iceberg when it comes to how the end of Chevron deference could possibly affect the future of the agriculture industry in this country.
For example, this could thwart the Biden Administration’s EPA’s unwavering push to regulate the waters of the U.S — down to the sometimes dry creek running through your back 40. This ruling essentially puts the EPA up a creek without a paddle.
There are hundreds, possibly thousands more examples of regulatory overreach gone wild among dozens of federal agencies. Depending on what we do in the diverse industry of agriculture, we all could easily name off our top regulatory thorns in our sides. This ruling certainly will ease that pain in the future, but don’t expect smooth sailing from this point forward.
Those in power don’t give it up willingly, so you can bet the fight is on. Experts predict farmers may experience less regulatory burden in the future, but it will lead to more direct legal challenges for them in court. You can also bet that all those progressive outside influencers who helped shape so many head scratching regulations over the past 40 years, are now moving across the street to help Congress put such nonsense down in writing from the get go.
For now, enjoy this David vs. Goliath story, as this one was sweet.
When social justice cheerleader publications like Teen Vogue and formidable environmental powerhouses like the Natural Resources Defense Council are putting out head exploding rants after the ruling, you know you and your industry was on the right side of providence.
Here’s a tip of the cap, to some scrappy East Coast fishermen. Well done!
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Related Stories:
How the Supreme Court’s Big Decision to Overturn the Chevron Doctrine Could Impact Agriculture
ARA Deems Supreme Court Decision Reversing Chevron Defense as Good News for Ag Retail
