"A Potentially Huge Supreme Court Case Has a Hidden Conservative Backer"

"The case, to be argued by lawyers linked to the petrochemicals billionaire Koch, could sharply curtail the government’s regulatory authority."

"The Supreme Court is set to hear arguments on Wednesday that, on paper, are about a group of commercial fishermen who oppose a government fee that they consider unreasonable. But the lawyers who have helped to propel their case to the nation’s highest court have a far more powerful backer: the petrochemicals billionaire Charles Koch.

The case is one of the most consequential to come before the justices in years. A victory for the fishermen would do far more than push aside the monitoring fee, part of a system meant to prevent overfishing, that they objected to. It would very likely sharply limit the power of many federal agencies to regulate not only fisheries and the environment, but also health care, finance, telecommunications and other activities, legal experts say.

“It might all sound very innocuous,” said Jody Freeman, founder and director of the Harvard Law School Environmental and Energy Law Program and a former Obama White House official. “But it’s connected to a much larger agenda, which is essentially to disable and dismantle federal regulation.”

The lawyers who represent the New Jersey-based fishermen, are working pro bono and belong to a public-interest law firm, Cause of Action, that discloses no donors and reports having no employees. However, court records show that the lawyers work for Americans for Prosperity, a group funded by Mr. Koch, the chairman of Koch Industries and a champion of anti-regulatory causes."

Hiroko Tabuchi reports for the New York Times January 16, 2024.

SEE ALSO:

"Supreme Court Set For Pivotal Cases That Could Claw Back Federal Administrative Power" (The Hill)

"Supreme Court May Reel In US Agency Powers In Fishing Dispute" (Reuters)

"This Humble Fish May Help The Supreme Court Weaken The ‘Administrative State’" (Washington Post)

 

Source: NYTimes, 01/17/2024