Tag Archives: U.S. District Judge James Boasberg
Fishery interests urge judge to rule in lobster lawsuit
Parties in a lobster industry lawsuit filed against federal regulators are urging a judge to make a decision in the case because its outcome affects a parallel case that the parties have to act on. The federal judge considering this decision was the same who ruled last month that new regulations to protect endangered right whales do not go far enough and violate both the Endangered Species Act and Marine Mammal Protection Act. In that case, U.S. District Judge James Boasberg asked the parties to propose remedies. The lobster association’s case takes aim at newly enacted and proposed federal regulations to protect the whales, which the association says are invalid because they are based on flawed assumptions and calculations. The parties need to know the court’s opinion so they can develop proposed remedies that Boasberg ordered in the parallel lawsuit brought by conservation groups. >click to read< 17:01
New England: Judge Says He’ll Decide Within 2 Weeks When Feds Issue New Right Whale Protection Rules
The federal government and the lobster industry say any change should wait until May 2021 to allow for full review and public comment on new rules once they are proposed. In oral arguments before U.S. District Court Judge James Boasberg Monday, their lawyers argued that the courts should not be in the business of micro-managing the fishery.,, The conservation groups are also calling for an immediate and year-round ban on fishing with rope in an area off Nantucket where the whales have been congregating in recent years. But a lawyer for the Maine Lobstering Union, Alfred Frawley, argued that would cause unwarranted economic harm, because the whales are known to be present mostly for a limited period in the spring. >click to read< 08:14
North Atlantic Right whale trouble: Lawsuit on protections could last for months
Environmental groups sued the U.S. government with a claim that regulators’ failure to protect the North Atlantic right whale from harm was a violation of the Endangered Species Act, and U.S. District Judge James Boasberg ruled April 9 that they were right. The government, environmentalists and industry members who are involved in the lawsuit must still return to court to determine a remedy. Boasberg ruled that the risk posed to the whales by the lobster fishery was too great to be sustainable, and that a remedy could ultimately result in new restrictions on lobster fishing. Members of the industry, including the Maine Lobstermen’s Association, have vowed to fight to protect the fishery. >click to read< 11:27
Federal Judge Restores Ban on Fishing Net That Entangles Whale Species
Environmentalists hoping to save the North Atlantic right whale won a federal injunction Monday banning walls of fishing net that entangle the species that has been on the brink of extinction since the 1970s. ,, The decision by U.S. District Judge James Boasberg speared changes made by the National Marine Fisheries Service earlier this year to rules governing New England’s fisheries. >click to read< 12:30
CLF OVERRULED! New Fishing Rights in Gulf of Maine Upheld by Judge
A federal judge upheld a rule Monday that opens up a portion of the western Gulf of Maine to commercial and recreational fishing for the first time. The Conservation Law Foundation had challenged the rule last year, claiming the National Marine Fisheries Service wrongly prioritized economic considerations over its conservation duty when it reduced the protected area in that portion of the Gulf by about 25%. While the rule offered habitat protection in the eastern Gulf of Maine for the first time, the conservation group said the agency and the New England Regional Council should have closed more of the Gulf to fishing. >click to read<17:28
Fishing Groups Lose Legal Battle Over Marine Monument
The national monument that former President Barack Obama established in the Atlantic Ocean survived a court challenge Friday. When Obama created the Northeast Canyons and Seamounts Marine National Monument in 2016, he relied on a 1906 law passed in Roosevelt’s administration.,, A year later, the Massachusetts Lobstermen’s Association and four other groups filed suit to unravel the 5,000-square-mile designation,,, U.S. District Judge James Boasberg disagreed on Friday, dismissing their case.,, “I believe the public is being led astray in thinking the area in question is fragile and in need of more protection,” said Bonnie Brady, “It has always been protected while being commercially fished with federal sustainability and essential habitat regulations through the federal Magnuson Stevens Act and the regional fishery management councils.”>click to read<21:52
Judge tosses fishermen’s suit against Obama ocean monument
A federal judge tossed a lawsuit Friday from a group of fishing associations that challenged the creation of an underwater monument in the Atlantic Ocean. The fishing groups sued in federal court in Washington against creation of Northeast Canyons and Seamounts Marine National Monument by former President Barack Obama in 2016. U.S. District Judge James Boasberg granted the Trump administration’s motion Friday to dismiss the suit. His ruling said the groups failed to adequately explain why the monument is too large. >click to read<15:14
