Tag Archives: 9th U.S. Circuit Court of Appeals

Washington State loses major legal battle, might pay up to $2B to save salmon

Washington state lost a major legal battle Friday, which could force it spend nearly $2 billion to restore salmon habitat by removing barriers that block fish migration. A panel of the 9th U.S. Circuit Court of Appeals last year affirmed a lower court’s 2013 ruling ordering the state to fix or replace hundreds of culverts — large pipes that allow streams to pass beneath roads but block migrating salmon. Idaho and Montana joined Washington state in asking the appeals court to reconsider the case. The court declined to do so Friday, but several judges dissented from that decision, saying it should be reconsidered because of its significance. “This is a win for salmon, treaty rights and everyone who lives here,” Lorraine Loomis, chair of the Northwest Indian Fisheries Commission, said in a statement. The group represents 21 tribes in western Washington that challenged the state over the culverts in 2001, part of decades-long litigation over tribal fishing rights. click here to read the story 10:34

Alaska asks US Supreme Court to overturn decision giving Cook Inlet salmon management to feds

The state is asking the US Supreme Court to overturn an appeals court decision putting the federal government in charge of the salmon fishery in Cook Inlet rather than Alaska. The case began in 2013 when two commercial fishing groups — the United Cook Inlet Drift Association and the Cook Inlet Fishermen’s Fund — sued the National Marine Fisheries Service. They argued that the state had not adequately managed the fishery and that the federal government should exercise more control as designated in the Magnuson-Stevens Fishery Conservation and Management Act. A U.S. District Court judge initially ruled in favor of state management. But in September, the 9th U.S. Circuit Court of Appeals ruled that the federal government — not the state — should exercise management of the Cook Inlet salmon fishery in federal waters. continue reading the story here 12:19

9th U.S. Circuit Court of Appeals backs fishermen in antitrust suit

judgementA federal court order blocking Pacific Seafood Group from purchasing Ocean Gold Seafoods will remain until a trial into whether the sale would create a monopoly. Commercial fishermen won a preliminary injunction against the sale last year in U.S. District Court in Medford. A three-judge panel of the 9th U.S. Circuit Court of Appeals upheld the district court’s order Tuesday. The fishermen allege that Pacific Seafood’s acquisition of Ocean Gold, a large fish processor in Westport, Washington, would establish a monopoly in the groundfish, whiting and coldwater shrimp markets. “Fishermen in Warrenton and Astoria have a significant stake in this battle,” Haglund said. “If Pacific Seafood were successful in acquiring Ocean Gold, industry sources tell us that the Warrenton plant will never be rebuilt and would be little more than a landing station.” Read the story here 14:00

Appeals Court Upholds Steller Sea Lion Decision – Environmental groups Oceana and Greenpeace intervened on behalf of the NMFS.

The 9th U.S. Circuit Court of Appeals on Tuesday issed its ruling in the challenge brought by the state of Alaska and commercial fishing interests. The decision upholds a lower court ruling.  The National Marine Fisheries Service in 2011 curtailed fishing after determining the western population of Steller sea lions is nutritionally stressed because they aren’t getting enough to eat. [email protected]