Bryce Tyrone Verhonich v. United States

A federal regulation prohibits operating water vessels “in a negligent manner, by failing to exercise that degree of care which a reasonable person, under like circumstances, would demonstrate.” 36 C.F.R. § 3.8(b)(8). The Ninth Circuit, deciding the issue for the first time nationwide, interpreted this regulation to encompass a broad range of conduct, including failing to wear a life jacket and utilize a cut-off switch lanyard. The question presented is: Whether the Ninth Circuit’s interpretation of § 3.8(b)(8) violates basic principles of statutory interpretation as set forth in this Court’s decisions to unjustifiably expand the regulation’s reach.