Tag Archives: United States Court of Appeals
Fourth Circuit Limits Reach of Federal Regulation Under the “Major Questions” Doctrine as it Relieves Shrimp Trawlers from Clean Water Act Permitting
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” (unintentionally captured marine life) back into a water of the United States, or when their trawl nets churn up rocks and sand on the ocean floor? Not in the Fourth Circuit, as the United States Court of Appeals recently held in North Carolina Coastal Fisheries Reform Group v. Capt. Gaston LLC. This is perhaps an unsurprising conclusion. The CWA is, after all, intended to regulate point-source pollution discharges into WOTUS—and, therefore, to regulate pollution and discharges. The U.S. Environmental Protection Agency (“EPA”) defines point source pollution as “any single identifiable source of pollution from which pollutants are discharged, such as a pipe, ship or factory smokestack.” >click to read< 10:46
Maine lobstermen appeal federal judge rejection of lawsuit
The Maine Lobstermen’s Association is appealing a federal judge’s ruling that rejected a lawsuit aimed at blocking new regulations designed to protect the endangered North Atlantic Right Whale. The appeal goes to the United States Court of Appeals for the District of Columbia Circuit. In announcing their appeal Monday morning, the MLA said the regulations would “cripple” Maine’s lobster industry, calling the regulations “draconian and fundamentally flawed.” >click to read< 09:42
