News & Analysis as of

Fishing Industry

Mintz

Winning by losing. The strategy of the NIMBYs and others trying to thwart wind energy.

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3 1 8 Allie Reed of Bloomberg Law has published a thought-provoking piece on the effect of legal challenges to offshore wind projects and the Justice Department's and developers' responses to those challenges. Some of...more

Mintz

The North Atlantic Right Whales deserve our best effort to save them, and the high-speed ferry plan doesn't seem to be that.

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The National Oceanic and Atmospheric Administration is pressing ahead with its plan to ban Fast Ferries between the Massachusetts mainland and Martha's Vineyard and Nantucket between November 1st and May 30.  I first wrote...more

Partridge Snow & Hahn LLP

Upcoming Supreme Court Decisions Could Change the Landscape for Challenging Federal Agency Regulations

Three cases, all argued this term before the United States Supreme Court and likely to be decided in June, carry major implications for litigation between federal agencies and regulated entities.  Depending on the Court’s...more

Mayer Brown

Europe Daily News, 20 February 2024

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COMPETITION - Non-opposition to a notified concentration (Case M.11211 - Georg Fischer / Uponor) - Commission clears acquisition of Nexity Lamy and Oralia Partenaires by Bridgepoint (M.11447) - Midday Express...more

Mayer Brown

Europe Daily News, 12 February 2024

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COMPETITION - Digital Markets Act: the application by Bytedance (TikTok) seeking suspension of the Commission decision designating it as a gatekeeper is dismissed (See CPR No.28/2024 - Order of the President of the General...more

Mayer Brown

Europe Daily News, 8 February 2024

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COMPETITION - Opinion of Advocate General Emiliou of 8 February 2024 in Case C‑425/22, MOL Magyar Olaj- és Gázipari Nyrt. Vs. Mercedes-Benz Group AG...more

Mayer Brown

Europe Daily News, 7 February 2024

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COMPETITION - Prior notification of a concentration (Case M.11380 - Inpex / KHI / Iwatani / JSE) - Commission clears creation of joint venture by MC, DTHAG and MMC (M.11424) - Midday Express...more

Cadwalader, Wickersham & Taft LLP

Report Spotlights Legal Risks of Biodiversity Loss in Agricultural, Seafood Industries

On September 27, 2023, environmental law organization ClientEarth released a report highlighting the growing potential for legal risk associated with biodiversity loss in the agriculture and seafood sectors, the currently...more

Holland & Knight LLP

A First Look at the EPA's Clean Ports Program

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The U.S. Environmental Protection Agency's (EPA) Clean Ports Program is a $3 billion program established by the Inflation Reduction Act (IRA) to fund zero-emission (ZE) port equipment and technology, as well as assist U.S....more

McDermott Will & Emery

Rough Seas Ahead? Supreme Court to Reconsider Chevron Doctrine

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The Supreme Court of the United States has agreed to reconsider the Chevron doctrine, which instructs courts to defer to a federal agency’s reasonable interpretation of an ambiguous statute that US Congress delegated to the...more

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

Robinson+Cole Environmental Law +

SCOTUS Will Have a Full Bench to Review Chevron Deference

Chevron deference is squarely in the U.S. Supreme Court’s crosshairs. The Court has had on its October docket an appeal in Loper Bright Enterprises v. Raimondo, which challenges the long-standing doctrine. First established...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

Dorsey & Whitney LLP

Supreme Court to Reconsider the Chevron Doctrine: Does the Bell Toll for Judicial Deference to Administrative Agencies?

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Early next year, the Supreme Court will hear oral arguments in a pair of cases, which could overrule the Chevron doctrine and thereby end nearly forty years of judicial deference to federal administrative agencies’...more

Bennett Jones LLP

Fish(es), Minerals, Train Tracks and Parks (and the law of Constructive Taking)

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The Law of Taking was Fishy - If you give a man a fish, you feed him for a day. If you teach a man to fish, you feed him for a lifetime. But what if a man has the right to sell fish, and he builds his business...more

Cranfill Sumner LLP

Fourth Circuit Limits Reach of Federal Regulation Under the “Major Questions” Doctrine as it Relieves Shrimp Trawlers from Clean...

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The Clean Water Act (“CWA”) regulates the discharge of certain “pollutants” into waters of the United States (“WOTUS”).  Should shrimp trawlers be subject to the regulatory framework under the CWA when they return “bycatch”...more

ArentFox Schiff

Fourth Circuit Holds Catch-and-Release Fishing Not Regulated by Federal Clean Water Act

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The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court. Earlier this month, the Fourth Circuit used MQD in upholding the dismissal of a nongovernmental organization’s...more

Mintz

Was invoking the major questions doctrine really necessary for a 4th Circuit panel to agree fish aren't pollutants covered by the...

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This week, in North Carolina Coastal Fisheries Reform Group, et al., v. Capt. Gaston LLC, a three judge panel of the Fourth Circuit Court of Appeals agreed with a District Court Judge that when shrimpers use nets to catch...more

Miller Canfield

Growing Profits: How Farmers, Greenhouse Operators, and Fishermen Can Maximize Tax Savings Under Canada's Greenhouse Gas Pollution...

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The Canadian Federal Government's Greenhouse Gas Pollution Pricing Act, now entering its fifth year since enactment, presents unique challenges and opportunities for farmers, greenhouse operators, and fishermen. As key...more

Schwabe, Williamson & Wyatt PC

Oregon’s New Estate Tax Exemption for Family Businesses engaged in Farming, Forestry, ‎or Fishing Businesses

On July 13, 2023, Governor Tina Kotek signed into law SB 498, which provides a new Oregon estate tax exemption for up to $15 million (the NR Exemption) of natural resource property that is used in a decedent’s farming,...more

Proskauer - Minding Your Business

Commercial Fishermen Urge Supreme Court to Reel In Agency Authority

The U.S. Supreme Court has agreed to hear a case challenging its landmark 1984 decision in Chevron v. Natural Resources Defense Council. The high court’s ruling could have important implications on federal officials’...more

(ACOEL) | American College of Environmental...

The Winds of Change Are Blowing on Cape Cod … Literally

Posted on June 7, 2023 by Sam Gutter Here in Falmouth, Massachusetts, on Cape Cod, we look across Buzzards Bay towards New Bedford.  Long a town in need of an economic fix, New Bedford was once the capital of the whaling...more

Allen Matkins

California Environmental Law & Policy Update - 5.05.23 #1

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The U.S. Supreme Court said Monday that it will take up a dispute between the Biden administration and commercial fishing companies that presents the Court with a chance to overrule its decision in Chevron v. National...more

Ballard Spahr LLP

SCOTUS to reexamine Chevron deference framework

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The U.S. Supreme Court has agreed to hear a case in which the petitioners are challenging the continued viability of the Chevron framework that courts typically invoke when reviewing a federal agency’s interpretation of a...more

Beveridge & Diamond PC

Fishers' Livelihood Concerns Could Bring SCOTUS Sea Change for Environmental Law

The Supreme Court has agreed to hear a group of New Jersey herring fishers’ challenge to a long-standing key administrative law doctrine—the “Chevron doctrine.” It could be the next term’s most consequential case. The Chevron...more

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