Tag Archives: violation of the Constitution’s Commerce Clause
New Hampshire fleet dwindles as at-sea monitoring decision heads to Supreme Court
A New Hampshire fisherman leading the fight against a decision by the National Oceanic and Atmospheric Association to shift the cost of at-sea monitoring to industry has appealed the case to the U.S. Supreme Court. David Goethel of Hampton, New Hampshire, said he filed the appeal in early July. He is challenging the decision of a federal district court and the 1st U.S. Circuit Court of Appeals, which ruled in NOAA’s favor, according to the Associated Press. Goethal, who filed his original suit in December 2015, has been joined in his appeal by the Northeast Fishery Sector 13, which represents fishermen from Massachusetts to North Carolina. His legal support is being provided pro bono by the Cause for Action Institute.,, In Goethel’s appeal to the Supreme Court, he argues that NOAA’s requirement of at-sea monitors represents an illegal, warrantless search of private property, and that forcing the industry to pay for its own monitoring represents a violation of the Constitution’s Commerce Clause. click here to read the story 10:51
