Tag Archives: U.S. Court of Appeals
Fishing Community Mayor, Top Officials Off the Hook in Retaliation Claims
The mayor and other city officials in the fishing community of Gloucester, Massachusetts are protected under qualified immunity against claims by the city’s harbormaster that they violated his First Amendment rights. The harbormaster sued the mayor, city solicitor, chief administrative officer and human resources officer for allegedly violating his free speech rights when they retaliated against him because of expert witness testimony he gave as a private consultant. The First Circuit Court of Appeals said the officials are protected because as public officials they had reasonable concerns that the harbormaster’s testimony against a local boat captain would damage the city’s reputation and relations with the Gloucester fishing community. more, >>click to read<< 07:39
Appeals Court upholds dismissal of Gloucester Harbormaster’s harassment case
The U.S. Court of Appeals for the First Circuit has affirmed a lower U.S. District Court judge’s ruling dismissing the intentional infliction of emotional distress, First Amendment retaliation and civil rights lawsuit brought by Gloucester Harbormaster Thomas “T.J.”, agreeing that city officials named in the suit were entitled to qualified immunity. In 2021, Ciarametaro, a Coast Guard veteran and reservist who has served as harbormaster since 2016, sued the city, then City Solicitor Charles “Chip” Payson, then Chief Administrative Officer James Destino, Human Resources Director Holly Dougwillo and then Mayor Sefatia Romeo Theken. In his suit, Ciarametaro claimed the city officials had “violated his First Amendment rights because they retaliated against him for his expert testimony in a maritime tort dispute between several Gloucester fishermen and the United States Coast Guard,” according to the First Circuit’s decision dated Tuesday, Nov. 28. Photos, more, >>click to read<< 13:31
Court decision a major win for Maine’s lobster industry
In its decision, the U.S. Court of Appeals for the District of Columbia Circuit agreed with the plaintiffs, Maine Lobstermen’s Association, and plaintiff-intervenors the Maine Department of Marine Resources, the Maine Lobstering Union, and the Massachusetts Lobstermen’s Association, ruling that NMFS distorted the science driving the regulation, relying improperly on assumptions and worst-case scenarios when determining the risk posed by industry to right whales. The court noted that the lack of data led NMFS to conclude the lobster and Jonah crab federal fisheries kill 46 whale deaths per decade, a “staggering departure from the two documented deaths known to have originated in all U.S. fisheries over a period of nine years.” >click to read< 09:58
BREAKING NEWS: U.S. COURT OF APPEALS RULES IN FAVOR OF MAINE LOBSTERMEN
Today, the U.S. Court of Appeals for the D.C. Circuit ruled overwhelmingly in favor of the Maine Lobstermen’s Association (MLA) in its appeal of a lower court ruling in Maine Lobstermen’s Association v. National Marine Fisheries Service. Following is initial reaction from Patrice McCarron, policy director for the MLA: “When the Maine Lobstermen’s Association (MLA) made the decision to sue the federal government, we knew it wouldn’t be easy, but we refused to go down without a fight. Today’s decision by the U.S. Court of Appeals is an overwhelming victory for lobstering families and the communities that rely on this industry, and it reaffirms what the MLA has been saying all along – the federal government does not have a blank check to use “worst case scenarios” and disregard actual data in its regulation of the Maine lobster fishery. >click to read and comment< 18:48
Federal appeals court sides with lobstermen in whale protection case anchored off New England
A federal appeals court has sided with commercial fishermen who say proposed restrictions aimed at saving a vanishing species of whale could put them out of business. The fishermen and the state of Maine appealed their case to the U.S. Court of Appeals for the District of Columbia Circuit after losing in a lower court. The appeals court said Friday it disagreed with the lower court’s ruling. Maine Gov. Janet Mills, a Democrat, and other Maine politicians have sided with the fishermen, who feel the new fishing restrictions are based on flawed data and are overly punitive. The U.S. lobster fishing industry, worth hundreds of millions of dollars per year, is based largely in the state. “We’re facing rules that are just nonsensical,” said Dave Cousens, a lobster fishermen and past president of the Maine Lobstermen’s Association. “They don’t pass a straight-face test.” >click to read< 15:32
Maine lobster industry wages legal battle over recent regulations, while new ones remain frozen
The Maine Lobstermen’s Association in September appealed a ruling in a lawsuit against federal regulators in which a judge rejected the association’s attempt to block the National Marine Fisheries Service’s 10-year plan to reduce the risk posed by fishing gear to North Atlantic right whales. The animals risk injury or death when they become entangled in lines or gear. The case has been moving with relative speed through the court system, with oral arguments presented in the U.S. Court of Appeals in Washington, D.C., last week. The association argued that the National Marine Fisheries Service, part of the National Oceanic and Atmospheric Administration, failed to rely on the best scientific information available and did not account for the impact of conservation measures already adopted by the Maine lobster fishery. In effect, the lobstermen argue, the federal government placed its thumb on the scale in favor of the whales. >click to read< 10:56
MLA back in court this month over federal lobstering rules
The Maine Lobstermen’s Association continues its court fight against the National Marine Fisheries Service, challenging its biological opinion for the endangered right whale, released in May 2021, and the science used to inform it. The MLA lost its original lawsuit in Sept. 2022 but was granted the right to appeal. Oral arguments are scheduled for Feb. 24 in the U.S. Court of Appeals in the District of Columbia. The Maine Department of Marine Resources and the Maine Lobstering Union Lodge 207, the Massachusetts Lobstermen’s Association, are intervenors in the case. “[The six-year delay] just really amplifies the concerns that the MLA has had,” MLA executive director Patrice McCarron said. “It highlights and exemplifies the importance of the work we’ve done and the importance of letting the lawsuit run its course.” >click to read< 09:23
Federal officials issued ‘economically debilitating’ rules on the Maine lobster industry, court filing says
The Maine Lobstermen’s Association on Thursday filed its opening brief with the U.S. Court of Appeals as the industry works to beat back regulations that it says will crush Maine’s signature fishery. Federal officials have proposed gear modifications to reduce the incidence of entanglement for endangered right whales, which number about 340. Other regulations would close certain areas to lobster fishing while the whales are migrating. The lobstermen’s association argues that the National Marine Fisheries Service must prove Congress gave it authority to issue stringent rules. >click to read< 07:17
Maine Lobstermen’s Association Files Opening Brief in Appeal of Burdensome Federal Regulations
The fight to save Maine’s iconic lobster industry has reached the U.S. Court of Appeals for the D.C. Circuit, as the Maine Lobstermen’s Association (MLA) filed its opening brief in a challenge to the federal regulations poised to crush workaday fishermen. The National Marine Fisheries Service (NMFS) is implementing a rule that requires fishermen to reduce the risk of right whale entanglement with lobster gear by 98 percent. The overwhelming majority of Maine lobstermen are unable to afford compliance with the draconian risk reduction plan, that according to the NMFS, will not even recover the whale population. The plan will likely result in a corporate takeover of the remnants of Maine’s fishery, destroying the culture, charm, and most importantly, the families and communities who have responsibly fished Maine lobsters for generations. >click to read the press release< 11:38
Mills & Maine Congressional Delegation Respond to First Circuit Court’s Decision
Portland, Maine – Governor Janet Mills and U.S. Senators Susan Collins and Angus King and U.S. Representatives Chellie Pingree and Jared Golden issued the following statement today in response to the First Circuit Court of Appeals’ decision reinstating a ban on lobster fishing gear in nearly 1,000 square miles in the Gulf of Maine: “Once again, Maine’s lobstermen have been unfairly targeted by a misguided court decision. Today’s ruling fails to acknowledge the substantial steps that Maine’s lobster industry has already taken to comply with gear change rules to protect the North Atlantic Right Whale. We are deeply disappointed and will continue to strongly advocate for our state’s lobster industry.” >link<
Maine politicians blast ‘unfair’ court decision targeting lobster gear – A federal circuit court has reinstated a ban on lobster fishing gear in a nearly 1,000-square-mile area off New England to try to protect endangered whales. The U.S. District Court for the District of Maine issued a preliminary injunction to halt enforcement of the rules. The U.S. Court of Appeals for the First Circuit in Boston vacated that ruling Tuesday. >click to read< 11:09
Appellate court orders more water over Columbia, Snake dams to aid fish
More water will flow over several federally operated Northwest dams beginning Tuesday, a day after conservationists and the state of Oregon won a court victory in the long-running battle over the plight of salmon and steelhead in the region. A panel of judges at the U.S. Court of Appeals for the Ninth Circuit affirmed a district court order to protect juvenile fish migrating downstream on the Columbia and Snake rivers by increasing spill at eight dams. This fight has been going on since 2000, when the National Wildlife Federation challenged the National Marine,,, >click to read<13:04
Fisherman, lawyers mull new at-sea monitoring suit
They lost in U.S. District Court in New Hampshire last summer and failed to have that decision overturned in federal appeals court in Boston this spring. Still, New Hampshire groundfisherman David Goethel and his legal team may not be done in their legal challenge of the federal government’s ability to shift the costs of at-sea monitoring to groundfishermen. “We’re still assessing all of our legal options at this point,” said Julie Smith, one of the lawyers from Washington D.C.-based Cause of Action Institute that has represented Goethel and Northeast Fishing Sector 13 in the initial federal lawsuit and appeal. Smith declined to be more specific, but clearly the options are limited: Goethel and his lawyers could swing for the fences and petition the U.S. Supreme Court to hear their case, hoping it would overturn the April decision by the U.S. Court of Appeals upholding the judgment in the original lawsuit filed in U.S. District Court in Concord, New Hampshire. click here to read the story 08:57
