CAMBRIDGE, Md. — November 6, 2013 — Judge David B. Mitchell denied a motion on Wednesday, Nov. 6, made by watermen to grant preliminary injunctive relief of menhaden regulations passed down by the Maryland Department of Natural Resources.
The plaintiffs, Burl Lewis and Larry “Boo” Powely, who are associated with the Harvesters Land and Sea Coalition, had to prove a likelihood they would succeed in court. They also had to prove there would be irreparable harm to the watermen and the public if the motion wasn’t granted.
Though Mitchell said the plaintiffs could have a likelihood of succeeding in the case, he said proving there would be irreparable harm is where “the plaintiffs’ efforts fall short of the standard.”
At this time, Mitchell said, the plaintiffs could not prove that.
Besides seeking injunctive relief from the menhaden regulations, the plaintiffs were also seeking a temporary restraining order on the regulations for the rest of October, specifically the 6,000 pound daily bycatch allowance. The motions were filed on Friday, Oct. 18, but the case was not assigned to Mitchell until Monday, Oct. 28, and not heard until Wednesday, Nov. 6.
Now is about the time of the year when menhaden begin to migrate farther south of the Chesapeake Bay toward warmer waters.
Read the full story at the Easton Star-Democrat