Tag Archives: U.S. Supreme Court

Bureaucrats’ power on trial in California wildlife dispute

When the U.S. Fish and Wildlife Service launched a program in Southern California to reintroduce an otter population, imposing penalties for encroaching on the animal’s habitat, Congress passed a law to protect the fishing industry. Federal officials, however, want to penalize fisherman who accidentally encroach on the otters, and now the U.S. Supreme Court will decide how much power those bureaucrats possess. The case, California Sea Urchin Commission v. U.S. Fish and Wildlife, stems from the Fish and Wildlife Service’s plan in 1986 to widen the territory supporting the otter population. >click to read<09:45

Local leaders encouraged by water wars arguments in U.S. Supreme Court hearing

Florida lawyers fared well in last week’s U.S. Supreme Court hearing on the “water wars” between the state and Georgia, officials who sat through the hearing said. Rep. Neal Dunn, who was among them, said he felt Florida has a real shot of winning the case.,, “Georgia came off some pretty harsh questioning – a lot of harsh interrogatories, and a lot of apparent disbelief on the part of the justices in what they were hearing from Georgia.”,,, Florida says a steady supply of water is the last chance for Apalachicola Bay’s struggling oyster industry and endangered species. >click here to read< 17:45

Groundfishermen: ‘It feels like we’re just forgotten’

New Hampshire fishermen say temporary federal aid for at-sea monitor coverage is barely holding their industry afloat now that a court battle over the cost appears to have ended. The National Oceanic and Atmospheric Administration is currently covering 60 percent of the cost for third-party at-sea monitors to observe commercial groundfishermen’s compliance with federal regulations. That coverage is projected to end May 1, 2018,,, Jamie Hayward, a commercial fisherman out of Portsmouth, said it will be devastating for fishermen to go from paying 40 percent of those costs to the full bill when NOAA stops assisting.,, will be like we got hit by a bomb,” he said.  click here to read the story 16:57

Supreme Court says no to hearing UCIDA case

The lawsuit over whether the federal government or the state should manage Cook Inlet’s salmon fisheries won’t get its day in the U.S. Supreme Court after all. Supreme Court justices on Monday denied the state of Alaska’s petition to hear a case in which the Kenai Peninsula-based fishing trade group the United Cook Inlet Drift Association challenged the North Pacific Fishery Management Council’s decision to confer management of the salmon fishery to the state. click here to read the story 08:31

Your View: Even ‘smart’ video monitoring is onerous to fishermen

I would like to make several observations regarding Michael Bonner’s Aug. 21 article, “Delegation supports Rafael’s forfeiture toward electronic monitoring.” First of all, state legislators’ support for utilizing the forfeiture to fund the electronic monitoring (surveillance), presupposes that this form of electronic monitoring will be supported and adopted. It surely does not seem to be the favored choice of monitoring, as far as the groundfish industry is concerned. In fact, they are not in favor of any form of monitoring that has been proposed to date. NOAA fisheries Regional Administrator John Bullard (soon to be retiring) is quoted as saying that he thinks that video monitoring is a major benefit to the industry. I’m not sure who he thinks he’s going to convince with that statement. Surely not the fishing industry. If that were the case, New Hampshire fisherman David Goethel likely would not be requesting that this “benefit” be reviewed by the U.S. Supreme Court, click here to read the op-ed by Jim Kendall 19:04

Deadline soon for feds’ response to fishing monitor petition

A fishermen’s group says it’s still waiting on the federal government’s response to a petition it filed with the U.S. Supreme Court about the cost of fishing monitors. The government shifted the cost of paying for monitors to fishermen last year, prompting a legal battle. A group of fishermen led by David Goethel of New Hampshire filed a petition seeking a review of the case last month. A spokesman for the fishermen’s attorney says the government has until Monday to respond and has not done so. link 15:32

Florida-Georgia Water War to be settled in a Maine Courtroom on Monday. Last Chance for the Apalachicola Oyster?

The Flint River, from high atop the bridge on Po Biddy Road, looks nothing like the water-hogging culprit Florida makes it out to be. It’s all rocks with slivers of water barely coursing through. “That’s what paddlers call ‘bony,’ ” said Gordon Rogers, the Flint Riverkeeper. “It should be almost three times as high. And we’re not even in a big-dog drought.” Yet much of Georgia is in a drought — worsening by the day — and the lack of rain, barren streams and dwindling reservoirs buttress the latest “water war” legal battle set to begin Monday in a Maine courtroom. The stakes for Georgia have never been higher. Metro Atlanta’s future rides on the legal opinion of one irascible, no-nonsense Yankee barrister who has warned that neither Georgia nor Florida will be satisfied with his ruling. The U.S. Supreme Court appointed Ralph Lancaster as the “special master” to determine the validity of Florida’s 2013 lawsuit against Georgia and its alleged overconsumption of the Chattahoochee and Flint rivers. Whiskey’s for drinking, as the adage goes, but water’s worth fighting over. Read the story here 13:33

Florida and Georgia governors hold private meeting on water

The meeting comes as the U.S. Supreme Court prepares to hear a challenge from Florida seeking to limit Georgia’s withdrawals from the Chattahoochee River. Deal requested the meeting with Scott. Florida argues that Georgia is guzzling more than its share of water to slake the thirst of growing Atlanta at the expense of the Apalachicola Bay oyster fishery, which relies on fresh river water mixing with the salty sea to thrive. Read the rest here 14:21

Lyons: Cortez fish-tossing case a whopper of a tale

Yates, herald-tribuneThere are “Gilligan’s Island” plots less far-fetched than the twists and turns it took to navigate a local commercial fishing boat skipper’s case to the U.S. Supreme Court. Judging by their questions, some of the high court’s justices think it fishy that federal prosecutors went after a fishing boat Captain John Yates of Cortez as if he had been hijacking ships like a Somali pirate. Read the rest here 08:37

Former Cortez fisherman shares his side of case that has reached U.S. Supreme Court

John Yates remembers the day his life as a commercial fisherman was forever changed. The 62-year-old sat inside his Cortez furnishing store Off the Hook on Wednesday and recalled that day in October 2007. As he shared his story, Yates’ wife Sandy — who has a background in law — and their daughter Jennifer Miller were more than 900 miles away in Washington, D.C. for his case in front of the United States Supreme Court. Read the rest here 11:16

Yates v. United States to question over-criminalization Make a comment here

Cortez fisherman’s case to Supreme Court next month

John and Sandy YatesSandy Yates was walking past her front door with a laundry basket that day in 2010 when she noticed something a little peculiar: Federal agents in bulletproof vests were standing on her porch. “Is your husband home, Ma’am?” one of them asked. “No,” she said. “He’s on a crab boat.” So the agents drove down to the docks of Cortez and waited for John Yates, an amiable grandfather in his late 50s with the same craggy face that all fishing captains seem to have. Read the rest here 23:45

Court won’t stop BP oil spill claims payments

bp projectsafeNEW ORLEANS (AP) — BP PLC must resume paying claims while it asks the U.S. Supreme Court to review its settlement with businesses over the 2010 Gulf of Mexico oil spill, a federal appeals court panel said Wednesday. Read more here  16:08

Georgia asks the U.S. Supreme Court to stay out of the latest legal battle in its 24-year fight over water rights with neighboring Florida.

Georgia filed its response last week to Florida’s request for the high court to intervene in deciding how they share water that flows across the state line where the Chattahoochee and Flint rivers merge to form the Apalachicola River. Florida officials said in an October complaint their state needs immediate relief as growing water consumption by metro Atlanta threatens Florida’s oyster fishery. “Florida has brought its case against the wrong party, in the wrong court, and at the wrong time,” the Georgia lawyers wrote in their legal response. Read [email protected]  16:45