Saving Seafood

Law

Environmental NGO plans lawsuit against Cooke over alleged water pollution at Maine-based salmon farms

November 18, 2024 — The Conservation Law Foundation (CLF) has sent a letter to Cooke Inc. CEO Glenn Cooke announcing its intent to sue the company over alleged Clean Water Act violations at its salmon farms in the U.S. state of Maine.

“Cooke is in full compliance with the laws set forth by the Maine Department of Environmental Protection, the Maine Department of Marine Resources and its operating permits,” the company said. “Cooke’s Maine Atlantic salmon farms are routinely inspected by state regulators and subject to regular monitoring reports. These laws are designed to protect Maine waters as well as Maine’s heritage fisheries.”

Read the full article at SeafoodSource

Federal judge dismisses Bering Sea trawl fleet’s challenge to stricter halibut bycatch limits

November 18, 2024 — A federal judge in Alaska has dismissed a legal challenge filed by the Bering Sea bottom-trawl fleet against stricter halibut bycatch limits.

The North Pacific Fishery Management Council approved a new halibut bycatch quota system in December 2021 based on annual surveys of the valuable flatfish. Instead of fixed limits, the new abundance-based system means that when halibut stocks are low, bycatch caps can be cut by up to 35%.

The lawsuit challenging those caps was filed by Groundfish Forum Inc., a Seattle-based trade association representing five companies and 19 bottom-trawl vessels. The association argued that it was unfairly targeted, and that the new bycatch limits could result in significant economic losses.

Read the full article at Anchorage Daily News

Federal judge dismisses Alaska trawlers’ lawsuit that sought to overturn halibut limits

November 14, 2024 — A federal judge has dismissed a lawsuit that sought to overturn new halibut bycatch limits on deep-sea trawlers that fish in federal waters off Alaska.

The lawsuit was filed by Groundfish Forum Inc., a Seattle-based trawl trade group, after the North Pacific Fishery Management Council passed a rule that reduces halibut bycatch limits for many trawlers when there are fewer halibut in Alaska waters.

The National Marine Fisheries Service, in charge of implementing the rule, moved to dismiss the lawsuit, and U.S. District Court Judge Sharon Gleason ruled in favor of the agency on Nov. 8. Undercurrent News, a trade publication, first reported on the ruling.

Read the full article at Alaska Beacon

DC Circuit tests Chevron’s impact in fisheries case

November 6, 2024 — The demise of the Chevron doctrine may not spell automatic doom for the federal fisheries rule that was at the center of the Supreme Court case that ended 40 years of precedent on agency deference.

During oral arguments Monday, judges of the U.S. Court of Appeals for the District of Columbia Circuit — who in 2022 upheld the NOAA Fisheries regulation on Chevron grounds — appeared to think that there is still statutory support to affirm requirements for herring vessels to pay the salaries of third-party onboard monitors.

The case, Loper Bright v. Raimondo, is back before the D.C. Circuit after the Supreme Court decided in June to overturn Chevron, which since 1984 had instructed federal judges to defer to agencies’ reasonable interpretations of ambiguous statutes. But the justices did not decide the fate of the NOAA Fisheries rule at the heart of the case.

Read the full article at E&E News

Conagra to settle MSC labeling class action lawsuit, continues fight against short-weighting suit

November 6, 2024 — U.S. food supplier Conagra has agreed to settle a class action lawsuit which alleged the Marine Stewardship Council (MSC) certification label on its Mrs. Paul’s and Van de Kamp’s frozen seafood products is deceptive.

In a status hearing in U.S. District Court for the Northern District of Illinois on 5 November, the two parties – Conagra and plaintiffs John Bohen and Abdallah Nasser – “report they have settled but need more time to finalize settlement,” a court document said.

Read the full article at SeafoodSource

Court open to upholding US fishing monitor rule even without ‘Chevron’ doctrine

November 5, 2024 — A U.S. appeals court on Monday appeared open to upholding a federal rule requiring commercial fishermen to fund a program to monitor for overfishing of herring off New England’s coast even after the U.S. Supreme Court in that same case issued a landmark ruling curbing agencies’ regulatory power.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, during oral arguments, weighed the impact of the U.S. Supreme Court’s June decision to scrap a 40-year-old legal doctrine that had required courts to defer to agencies’ interpretations of ambiguous laws they administer.

The 6-3 conservative majority U.S. Supreme Court nixed the doctrine, known as “Chevron deference,” after taking up an appeal by several commercial fishing companies of the D.C. Circuit panel’s 2-1 ruling in August 2022 that had relied on the doctrine to uphold the fishing rule.

The justices sent the case back to the D.C. Circuit to reassess the rule’s validity post-Chevron using their own judgment and for further arguments by the fishing companies, led by New Jersey-based Loper Bright Enterprises.

Read the full article at Reuters

‘A post-Chevron world’: DC Circuit wrestles with agency authority in fishing boat spat

November 5, 2024 — A D.C. Circuit panel grappled Monday with the fallout from the Supreme Court’s recent decision to overturn a longstanding legal doctrine which allowed federal judges to defer to a government agency’s interpretation of a challenged statue.

The high court ruled 6-3 in Loper Bright Enterprises v. Raimondo that the doctrine, known as Chevron deference, should be overturned and that federal judges themselves should instead “exercise their independent judgment” when an agency oversteps its authority.

That case was originally argued before the D.C. Circuit in 2021, the appellate circuit that deals the most with challenges against federal agencies such as the Environmental Protection Agency and, in this case, the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service.

In its decision to overturn Chevron, the high court remanded the case to the three-judge panel to reassess claims by a coalition of fishing companies that the government was wrong to require they pay the wages of independent “at-sea monitors.”

Read the full article at Courthouse News Service

Ocean City expects BOEM lawsuit to cost up to $400K

November 1, 2024 — The Town of Ocean City and several local agencies and businesses are suing a federal agency over its approval process for the US Wind project off Maryland’s coast.

On Oct. 25, the Town of Ocean City announced it has retained Marzulla Law, LLC to file a lawsuit against the Bureau of Ocean Energy Management (BOEM). The lawsuit, which lists several co-plaintiffs, challenges the agency’s process for approving the US Wind project, which will involve the construction of 114, 938-foot-tall wind turbines roughly 10 miles off the coast of Ocean City.

“We have a responsibility to protect our ecosystem, our economy, view shed and our future,” Mayor Rick Meehan said in a news release. “For the past seven and half years we have been trying to work with the State of Maryland and the federal government to address our concerns with this project. All of our concerns were either ignored or considered insignificant. It is unfortunate that it has come to this, but the Town was left with no choice but to file suit against BOEM and challenge their favorable record of decision on the US Wind project.”

In September, the U.S. Department of the Interior’s Bureau of Ocean Energy Management released a favorable record of decision for the commercial-scale Maryland offshore wind project. The agency’s approval concluded a two-year National Environmental Policy Act (NEPA) process and set US Wind on a path to securing all of its remaining federal permits by the end of 2024.

Read the full article at The Dispatch

Tribe urges Supreme Court to review offshore wind’s impact on whales

October 29, 2024 — A Massachusetts tribe is backing a Supreme Court petition seeking more federal review of how planned offshore wind projects along the Eastern Seaboard are affecting the endangered North Atlantic right whale.

The Wampanoag Tribe of Gay Head (Aquinnah) said in a friend of the court, or amicus, brief last week that protection of the whale is “fundamental” to its cultural heritage and protected resources.

But the Bureau of Ocean Energy Management never consulted with the tribe — or other affected tribes — about the cumulative effects of the planned development of a few dozen projects along the East Coast, starting with Vineyard Wind 1, the Wampanoag tribe told the Supreme Court in a brief Friday.

Read the full article at E&E News

Preservation Society of Newport County asks judge to stop offshore wind project

October 25, 2024 — The Preservation Society of Newport County is asking a judge to halt work on a controversial wind farm located 15 miles offshore.

The Preservation Society, which owns the famed Newport Mansions, sued the federal government last year after the Revolution Wind project was approved.

Their complaint names the U.S. Department of the Interior, Secretary of the Interior Deb Haaland and the Bureau of Ocean Energy Management (BOEM) as defendants.

In a new court filing, the Preservation Society asked a judge to rule in their favor before the case heads to trial. They claim BOEM broke the law by not considering the consequences the turbines would have on the Newport Mansions and other historic landmarks.

Read the full article at WPRI