News & Analysis as of

Endangered Species Act (ESA) Fishing Industry

Nossaman LLP

Federal Court Dismisses Fishing Industry Challenge to Massachusetts Offshore Wind Project

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On Thursday, October 12, 2023, Judge Indira Talwani of the U.S. District Court for the District of Massachusetts granted summary judgment in favor of the United States Department of the Interior and Vineyard Wind, and denied...more

Bracewell LLP

Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project

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Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is...more

Nossaman LLP

Podcast: Southern California Steelhead Trout: Potential Endangered Species Listing Opening Up a Big Can of Worms

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Notwithstanding its protected status as a listed species under the federal Endangered Species Act, the Southern California steelhead population is proposed for listing under the California Endangered Species Act. During a...more

(ACOEL) | American College of Environmental...

Right Whale in the Wrong Place at the Wrong Time

On November 16, 2021, the First Circuit Court of Appeals issued an opinion reversing a district court’s order enjoining the National Marine Fisheries Service (“NMFS”) rule that barred the use of lobster traps with traditional...more

Nossaman LLP

NMFS Proposes Rule to Reduce North Atlantic Right Whale Entanglements in Fishing Gear

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On December 31, 2020, the National Marine Fisheries Service (“NMFS”) proposed to amend regulations implementing the Atlantic Large Whale Take Reduction Plan (“ALWTRP” or “Plan”) with the stated goal of reducing  the...more

Nossaman LLP

Florida Man Faces Federal Prison, Fine For Killing Endangered Sawfish

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On November 1, 2019, Chad Ponce of Jacksonville, Florida pleaded guilty to killing a smalltooth sawfish (Pristis pectinata), an endangered species protected under the federal  Endangered Species Act (ESA) and Florida...more

Nossaman LLP

U.S. Supreme Court Passes on Otter Case with Chevron Implications

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This week, the U.S. Supreme Court denied certiorari in California Sea Urchin Commission v. Combs (“Combs”), Docket No. 17-1636, an appeal from a Ninth Circuit decision regarding endangered Southern sea otters (Enhydra lutris...more

Downey Brand LLP

President Issues a Presidential Memoranda on Western Water (But Flood Is Mentioned)

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Amidst much fanfare, on Friday President Trump released a Presidential Memoranda (much like an Executive Order, yet different?) directing Federal agencies to work together to reduce regulatory burdens on Western water...more

Nossaman LLP

Endangered Species Case Sparks Chevron Deference Debate

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As the U.S. Supreme Court prepares for its upcoming October 2018 term, one petition concerning an endangered sea otter relocation program is attracting a lot of attention as a potential vehicle for the Court to consider the...more

Nossaman LLP

Ninth Circuit Partially Reverses Agencies’ Sea Turtle and Migratory Bird Conclusions Related to Swordfish Fishery Expansion

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On December 27, 2017, the U.S. Court of Appeals for the Ninth Circuit partially reversed and remanded a decision by the United States District Court for the District of Hawaii, delaying if not derailing an expansion in...more

Nossaman LLP

National Marine Fisheries Service Declines to List Pacific Bluefin Tuna

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On August 9, 2017, the National Marine Fisheries Service (NMFS) issued a 12-month finding on a petition to list the Pacific bluefin tuna (Thunnus orientalis) as an endangered or threatened species under the Endangered Species...more

Nossaman LLP

U.S. District Court Rejects Challenges to Final Rule Terminating Sea Otter Translocation Program.

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On September 18, 2015, the U.S. District Court for the Central District of California rejected the assertion by the California Sea Urchin Commission, California Abalone Association, and Commercial Fishermen of Santa Barbara...more

Nossaman LLP

Ninth Circuit Affirms Lower Court Decision Upholding Commercial Fishing Restrictions In Alaska To Protect Endangered Steller Sea...

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On July 23, 2013, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision upholding restrictions on commercial fishing in Alaska to protect the western Distinct Population Segment (DPS) of the Steller...more

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