Today, in her first published opinion on the Supreme Court, Justice Barrett delivered the majority opinion in U.S. Fish & Wildlife Serv. v. Sierra Club, Inc., No. 19-547 (U.S. Mar. 4, 2021), a Freedom of Information Act (FOIA) case involving whether draft biological opinions of the Fish and Wildlife Service and National Marine Fisheries Service were exempt from public disclosure. The Court ruled that they were, and overturned a contrary determination by the Ninth Circuit. Continue reading “Supreme Court Addresses When a “Draft Biological Opinion” Really is a “Draft” Under the FOIA”
By John M. Simpson.
On March 26, 2020, the U.S. District Court for the District of Columbia dismissed a lawsuit brought by certain animal rights advocates and organizations against several federal defendants challenging a decision of the National Marine Fisheries Service (NMFS) declining to enforce a permit condition allegedly requiring a marine mammal park to submit a necropsy report concerning a killer whale obtained the permit. Marino, et al. v. Nat’l Oceanic and Atmospheric Admin., et al., No. 18-cv-2750 (DLF) (D.D.C. Mar. 26, 2020). Continue reading “Animal Rights Challenge to Fisheries Service Decision on Disclosure of Necropsies Dismissed by Federal District Court”
The National Marine Fisheries Service (NMFS) published final regulations in the Federal Register on July 27, 2918 governing the unintentional taking of marine mammals incidental to fisheries research conducted in the Pacific Ocean by the NMFS’ Northwest Fisheries Science Center (NWFSC). 83 Fed. Reg. 36370 (July 27, 2018). The regulations are effective from August 27, 2018 through August 28, 2023. Continue reading “Fisheries Service Issues Incidental Taking Regulations”
On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) announced three proposed rulemakings that would revise the regulations pursuant to which the Services have implemented the Endangered Species Act (ESA). These initiatives were the result of public comments solicited by the Services in response to Executive Order 13777, 82 Fed. Reg. 31576 (July 7, 2017), which sought comments on how federal agencies could improve the effectiveness and efficiency of federal regulations and the regulatory process. Continue reading “Wildlife Agencies Announce Proposed Endangered Species Act Regulations”
The Trump Administration recently announced a proposal to merge the operations of the Department of Commerce’s National Marine Fisheries Service (NMFS) into the Department of Interior’s U.S. Fish and Wildlife Service (FWS). Historically, NMFS has been charged with administration of the Marine Mammal Protection Act (MMPA), focusing primarily upon marine mammals, while FWS has administered the Endangered Species Act (ESA) primarily with respect to species located upon land or inland fisheries. The reorganization initiative is part of a larger plan entitled Delivering Government Solutions in the 21st Century: Reform Plan and Reorganization Recommendation, containing proposals affecting several federal agencies. Continue reading “Trump Administration Announces Plan to Consolidate Wildlife Agencies”