NMFS – Animal Law Developments

June 23, 2023August 8, 2023 by Michelle Pardo

D.C. Circuit Rejects National Marine Fisheries Service’s “Egregiously Wrong” Decision on Right Whales

By Michelle C. Pardo

On June 16, 2023, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the National Marine Fisheries Service (NMFS or Service), which licenses and regulates fisheries in federal waters, was not permitted to give the “benefit of the doubt” to endangered species or rely on worst-case scenarios or pessimistic assumptions in preparing biological opinions required by the Endangered Species Act (ESA). Maine Lobstermen’s Association v. National Marine Fisheries Service (D.C. Cir. June, 16, 2023) (slip opinion). Continue reading “D.C. Circuit Rejects National Marine Fisheries Service’s “Egregiously Wrong” Decision on Right Whales”

March 31, 2020 by John M. Simpson

Animal Rights Challenge to Fisheries Service Decision on Disclosure of Necropsies Dismissed by Federal District Court

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”

July 21, 2018 by John M. Simpson

Wildlife Agencies Announce Proposed Endangered Species Act Regulations

by John M. Simpson

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”