News & Analysis as of

Fishing Industry Supreme Court of the United States

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

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

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

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

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

ArentFox Schiff on

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

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

Ballard Spahr LLP

SCOTUS to reexamine Chevron deference framework

Ballard Spahr LLP on

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

Lowndes

Florida Must Now Take Responsibility for Water Management: The Supreme Court Finds Florida at Fault in the Collapse of Florida’s...

Lowndes on

For decades, Florida blamed declining oyster harvests on the State of Georgia. And, for decades, Florida’s elected officials convinced the public they were not at fault. These theories were rejected, in total, by the United...more

Perkins Coie

Supplement — Curtin’s California Land Use

Perkins Coie on

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

Holland & Knight LLP

Court Decides Sarbanes-Oxley Is Intended for a Different Kettle of Fish The Fish Tale and the U.S. Supreme Court: Part II

Holland & Knight LLP on

By a surprisingly narrow margin, the U.S. Supreme Court recently spared future fishermen from facing up to 20 years in prison for destroying their catch. The case, Yates v. United States of America, involved the curious tale...more

Carlton Fields

A Colorful Supreme Court Case Revives the Rule of Lenity

Carlton Fields on

Last month, the Supreme Court’s decision in Yates v. United States provided much fodder for pun-filled headlines about fishing. The case involved the government’s attempt to stretch the Sarbanes-Oxley Act, which originally...more

Katten Muchin Rosenman LLP

Supreme Court Limits Scope of SOX Anti-Shredding Provision

The US Supreme Court recently reversed the conviction of a commercial fisherman, John L. Yates, accused of violating 18 U.S.C. § 1519, also known as the anti-shredding provision of the Sarbanes-Oxley Act (SOX), holding that...more

Snell & Wilmer

U.S. Supreme Court Finds That SOX’s Anti-Shredding Provision Does Not Apply To Fish

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When one thinks of the Sarbanes-Oxley Act of 2002 (SOX)—a law created to restore trust in the financial markets following the collapse of Enron—red grouper is not usually the first thing that comes to mind. Nevertheless, the...more

Blank Rome LLP

Yates v. United States: Supreme Court Reins in Sarbanes-Oxley Act’s “Anti-Shredding” Provision

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Action Item: The Supreme Court’s decision in Yates v. United States will significantly impact how in-house counsel, outside counsel, and compliance officers alike should advise their clients with respect to evidence...more

Dorsey & Whitney LLP

SOX, the Destruction of Evidence And Dr. Seuss: Is a Fish A Tangible Object?

Dorsey & Whitney LLP on

Section 1519 was passed as part of the Sarbanes-Oxley Act in the wake of Enron’s massive accounting fraud. The section was designed to fill a gap in the law by preventing corporate document-shredding to conceal evidence of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Yates v. United States

On February 25, 2015, the U.S. Supreme Court decided Yates v. United States, No. 13-7451, holding that fish are not “tangible objects” within the meaning of 18 U. S. C. §1519, a federal law providing that a person who...more

Stinson - Corporate & Securities Law Blog

Supreme Court Interprets Sarbanes-Oxley Evidence Destruction Provisions

We now know that Sarbanes-Oxley does not apply to fish . . . While conducting an offshore inspection of a commercial fishing vessel in the Gulf of Mexico, a federal agent found that the ship’s catch contained...more

Holland & Knight LLP

The Fish Tale and the Supreme Court: How Applying Sarbanes-Oxley to Missing Grouper Has Raised Questions of Overcriminalization

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The Issues - On November 5, 2014, the Supreme Court heard arguments in Yates v. United States of America. In layman's terms, the issue is whether an Enron-era antishredding provision of the Sarbanes-Oxley Act was...more

Foley & Lardner LLP

Sarbanes-Oxley Casts a Wide Net, Literally

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Congress passed Sarbanes-Oxley in 2002 to deal with the accounting scandals that resulted in the downfall of the likes of Enron, Tyco, Worldcom, Arthur Andersen, and others. In its October Term 2014, the Supreme Court will...more

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