New Jersey
Scarinci: Chevron Doctrine is Running on Empty – New Jersey Globe
The Supreme Court is poised to dramatically shake up how courts decide legal challenges involving federal regulations. The Court recently heard oral arguments in two cases that ask the justices to abolish (or at least significantly alter) the so-called Chevron doctrine, which has served as a bedrock principle of administrative law for nearly four decades.
Why the Chevron Doctrine Matters
The term “Chevron Doctrine” refers to the U.S. Supreme Court’s decision in Chevron v. Natural Resources Defense Council, which held that courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Chevron analysis typically involves a two-step process.
In step one, courts examine “whether Congress has directly spoken to the precise question at issue.” If so, “that is the end of the matter,” and courts must enforce the “unambiguously expressed intent of Congress.” Where there is statutory silence or ambiguity, however, step two requires courts to defer to a reasonable agency interpretation of the statutory text, even if the court would have otherwise reached a contrary conclusion.
Courts have relied on Chevron in holding up regulations related to the environment, financial markets, healthcare, and countless other issues. The rationale behind the doctrine is that Congress can’t possibly address every possible legal situation when drafting statutes, and federal agencies have the legal and technical expertise required to fill in the details. Proponents of Chevron also maintain that it prevents judges from substituting their personal policy preferences for agency interpretations.
While Chevron is one of the most cited cases by federal courts in administrative law disputes, it has steadily gained critics, including members of Congress, legal scholars, and Supreme Court justices. One of the most frequent criticisms is that the Chevron doctrine allows agencies to formulate policy under the guise of interpreting statutory ambiguities.
What Oral Arguments Revealed About the Fate of Chevron
The two cases before the Supreme Court, Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo, involve a rule issued by the National Marine Fisheries Service requiring fishing vessels to pay for the costs of observers who monitor compliance with fishery management plans. In both cases, the federal appeals court cited Chevron in holding that the rule is a permissible exercise of the agency’s authority.
In appealing to the Supreme Court, the challengers expressly asked the Court to revisit Chevron. The specific question before the justices is “[w]hether the court should overrule Chevron v. Natural Resources Defense Council, or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.”
During oral arguments, several of the Court’s conservative justices appeared skeptical of the Chevron Doctrine, which is not surprising given that Justice Clarence Thomas and Neil Gorsuch had already suggested that it should be overruled in prior decisions. This time around, they raised serious questions about the doctrine’s future, with Justice Gorsuch raising concerns that “Chevron is exploited against the individual and in favor of the government.” They were joined by Justices Samuel Alito and Brett Kavanaugh, who stated: “Chevron itself ushers in shocks to the system every four or eight years when a new administration comes in, whether it’s communications law or securities law or competition law or environmental law. It’s just a massive change that is at war with reliance.”
Not all of the justices appeared ready to completely end Chevron deference, with all members of the Court’s liberal minority expressing support for the doctrine. They specifically raised concerns that ending Chevron deference would require federal judges to make policy determinations on issues that they know little about.
Justice Elena Kagan used AI legislation as a hypothetical. “Congress knows that there are going to be gaps because Congress can hardly see a week in the future with respect to this subject, let alone a year or a decade,” Kagan said. She noted that Congress would arguably want those “who actually know about AI and are accountable to the political process to make decisions.” Meanwhile, courts don’t “even know what the questions are about AI, let alone the answers,” she continued.
Both Chief Justice John Roberts and Justice Amy Coney Barrett were harder to read than their conservative colleagues, with Justice Barrett particularly concerned about the potential upheaval that could result from overruling the long-standing precedent. Justice Kagan raised similar concerns and specifically asked how the Court might “clarify and articulate the limits of Chevron deference without taking the drastic step of upending decades of settled precedent.”
What’s Next?
While oral arguments can reveal a lot about how a justice is inclined to rule, nothing is set in stone until the Court reaches a final decision. If a majority of justices don’t want to abolish Chevron in its entirely, it may survive in a weakened form.
In either event, federal agencies’ more “assertive” interpretations of federal regulations will certainly be more susceptible to legal challenges. Giving courts more leeway when considering regulatory challenges also significantly increases the risk that a rule is deemed valid by lower courts in one part of the country and invalid in another.
On this episode of New Jersey Politics with Laura Jones: Princeton University students, led by the Whig-Cliosophic Society, NAACP Princeton Chapter, and Vote100, host a non-partisan forum for Democratic candidates vying to replace retiring Rep. Bonnie Watson Coleman in NJ’s 12th District. Student leader Alejandra Ramos joins us. Plus, Assemblyman Mike Inganamort explains why Governor Mikie Sherrill’s proposed shift from “net” to “gross” business taxation could impact small businesses operating on thin margins.
How to attract hummingbirds to your feeder in Oklahoma, what they eat
Discover what fuels hummingbirds on their migration journey and learn how to attract them with homemade nectar.
New Jersey bird lovers, now’s your time to track hummingbirds as they begin their spring return to New Jersey, with an interactive migration map offering a clear look at when the tiny birds are expected to arrive across the state as they head north from their wintering grounds.
With spring 2026 hummingbird migration season under way, the migration map tracks reported hummingbird sitings nationwide, giving New Jersey residents a real-time look at how the birds’ northward journey is unfolding as spring temperatures warm and food sources become available. The birds are already heading into New Jersey, though not North Jersey as much, but you can keep a close eye on the map to track the hummingbirds’ arrival in the state.
When hummingbirds arrive in New Jersey
The migration map shows early spring hummingbird sightings approaching the state — with the first ruby-throated hummingbirds typically appearing here in mid-April, followed by more frequent reports through early May as spring temperatures warm.
According to the Farmers’ Almanac, hummingbirds generally return to New Jersey in mid- to late-April, though North Jersey and New York City start seeing the tiny birds closer to early- to mid-May.
While weather and local conditions greatly impact hummingbirds’ return, most NJ residents see the fast-flapping birds come to their feeders and yards through early May — when sightings really ramp up.
Should you put out hummingbird feeders yet?
Yes — late April is still a good time to put out hummingbird feeders in New Jersey, especially as sightings increase across the state and more birds arrive from the south.
Putting feeders up now can help support early arrivals and won’t interfere with natural feeding habits. Use a simple nectar mix of four parts water to one-part white sugar, and avoid red dye, according to the National Garden Bureau.
Here’s a full story on hummingbird food tips and what flowers to plant to attract hummingbirds to your garden.
What hummingbirds look like in New Jersey
Most hummingbirds spotted in New Jersey are the ruby‑throated hummingbird, a tiny bird — about three inches long — with shimmering green backs. Look for fast wing beats (up to 80 beats per second) and rapid hovering as they sip nectar at tubular flowers and feeders.
Adult males have a distinctive ruby-red throat that flashes in the sunlight, while females lack the red coloring and appear more muted, with pale gray or white underparts.
How to use the hummingbird migration map
The migration map tracks reported hummingbird sightings as birds move north during spring, offering a snapshot of how close they are to New Jersey.
As sightings begin clustering just south of the state, it’s a strong signal that hummingbirds are arriving or will soon — making the map a useful tool to check throughout late April.
Lori Comstock is a New Jersey-based news reporter covering trending news with USA TODAY Network’s Mid-Atlantic Connect Team. She covers news in the Northeast, including New Jersey, Pennsylvania, Delaware, Washington DC, Maryland, and Virginia. Reach her at LComstock@usatodayco.com.
WILDWOOD, N.J. (WPVI) — The City of Wildwood has approved an ordinance that will close its boardwalk daily from 1 a.m. to 5 a.m., year-round, a move city leaders say is aimed at reducing late-night, unruly crowds ahead of the busy spring and summer season.
The ordinance was passed on Wednesday by the City Council and is set to take effect May 13, just ahead of Memorial Day.
Officials described the closure as an extension of existing safety measures, including a 10 p.m. curfew for those under 18 and a backpack ban, which they say have already improved conditions on the boardwalk.
“We don’t want to do this, but we have to be proactive. We have to,” Commissioner Krista McConnell said.
Deputy Mayor Steve Mikulski said the decision was driven by public safety concerns in a city that sees large seasonal crowds.
“This is a tourist destination, and we’re trying to keep our residents and our tourists safe,” Mikulski said.
Police Chief Joe Murphy told commissioners that simply adding more officers has not been enough to address late-night issues, particularly involving younger crowds. He said recent problems in places such as Fort Lauderdale, Daytona Beach, Myrtle Beach, and Virginia Beach helped shape his support for the ordinance.
“First and foremost, the mere presence of uniformed officers is not having a great effect on influencing the adolescent age crowds that we’re seeing down here,” Murphy said.
“We are more convinced that this closing time is needed to help mitigate these late-night crowd issues.” Murphy added. “I believe these closures will not only reduce our early morning offenses but will also help with the resilience of our officers.”
Wildwood has experienced unrest and some violence during warmer months, including the assault of an off-duty Stone Harbor police officer on the boardwalk last March.
The ordinance, however, has drawn opposition from some residents and business owners.
Oswald Salvatico of Wildwood questioned whether a full closure is necessary, saying, “There’s no need to shut down the boardwalk for a few bad apples.”
Business owners raised concerns about the economic impact during what they describe as a short and critical season.
David Zarfati of Cape May Courthouse said rising costs have already strained businesses.
“There’s a slim three-month season for these businesses to make it, and we’ve already had the cost of goods go up. We’ve had our minimum wage hike up. We’ve had payroll taxes hiked up, insurances are hiked up. It’s like we can’t catch a break,” Zarfati said. “Now you want to shave off, whether it’s 5% or 10% of our seasonal income, that’s just another blow to business owners.”
“Safety, of course, comes first, but we’re not sure this is the right way,” he added.
Zarfati also warned about the potential for further restrictions in the future.
“We want businesses to thrive and be busy up until 1:30, even 2 o’clock in the morning,” he said. “We don’t want a situation where we solidify 1 o’clock and then there’s a fear that 1 o’clock becomes 12 o’clock, and then 12 o’clock becomes 11 o’clock. That’s always a concern.”
Others spoke in favor of the closure.
Jimmy Murphy of Wildwood said, “Sometimes you have to look at the greater good of everybody and I think the 1 o’clock would be good.”
Mikulski said he believes Wildwood is setting a precedent for other shore communities.
“We are the first resort that’s actually closing something like this, and mark my word, you’re going to have other people that will follow us,” he said.
City officials said they plan to monitor the ordinance once it takes effect and assess its impact during the upcoming summer season.
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