2. The Fishermen Who Took Down a Giant: The Epic Court Fight Over Who Makes the Rules

Wayne Reichle – who’s been in the fishing business his whole life – had never heard of the Chevron doctrine. That's the two-step legal test that courts used for the past 40 years to decide whether a federal agency had the authority to make a regulation.

"No idea," said Reichle, president of New Jersey-based Lund's Fisheries. "Myself, and many, many fellow fishermen had no idea what the Chevron doctrine was."

That changed after a group of fishermen challenged a federal regulation requiring the herring industry to pay for onboard federal observers. "I think there’s quite a few that know what the Chevron doctrine is today," Reichle said.

This season on UnCommon Law, we’re exploring the limits of agency power. To what extent are federal agencies authorized to create and implement regulations that aren't explicitly mandated by Congress? And what happens when an agency goes too far? In this episode, the story of the fishermen who fought back.

Featuring:

• Wayne Reichle, president of Lund's Fisheries

• Jeff Kaelin, director of sustainability and government relations at Lund's Fisheries

• Ryan Mulvey, counsel with the Cause of Action Institute

• Erica Fuller, senior counsel with the Conservation Law Foundation

• Leif Axelsson, captain of the Dyrsten fishing vessel

• Greg Stohr, Supreme Court reporter for Bloomberg News

***

Hosted and produced by Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Additional Editing: Andrew Satter

Cover Art: Jonathan Hurtarte