Day 1,660: tinned, statute, appellate
Herring—a silvery fish of the North Atlantic that can be smoked, pickled or, when young, tinned—is the unlikely star of Loper Bright Enterprises v Raimondo and Relentless v Department of Commerce.
Drawing on a line in a statute giving the agency licence to make regulations that are “necessary and appropriate…to prevent overfishing and rebuild overfished stocks”, in 2020 the nmfs required fishermen to bring an observer along with them on their boats—and to pay that person’s per-diem fee themselves.
The rule nevertheless found receptive audiences at two of America’s appellate courts.
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