Can Agencies Force You to Fund Your Own Regulation?

In this episode of Unwritten Law, John Vecchione and Mark Chenoweth unpack the latest chapter in Relentless, Inc. v. Department of Commerce, a case that sits at the crossroads of administrative power, statutory interpretation, and life after Chevron deference.The conversation focuses on whether federal agencies can require regulated parties — here, commercial fishermen — to pay for government-mandated monitors placed on their boats, even when Congress never clearly authorized those costs. John explains why a Rhode Island district court relied on a so-called “default norm” to uphold the rule, and why that reasoning conflicts with the Supreme Court’s rejection of Chevron in Loper Bright.Mark and John walk through the Magnuson-Stevens Act, highlighting where Congress explicitly authorized industry-funded observers — and where it did not. They also explore the constitutional stakes: who decides who pays, why funding power belongs to Congress, and what happens when agencies effectively fund themselves through regulation.The episode offers a clear look at how unelected bureaucrats expand power, why statutory text still matters, and what this case could mean for administrative law after Chevron.