ELR Citation: 51 ELR 20198
No(s). 21-1873 (1st Cir. Nov 16, 2021)

The First Circuit granted NOAA's motion to stay a district court order preliminarily enjoining the agency's partial seasonal closure of a Maine lobster fishery to protect endangered North Atlantic right whales. A fishing union had argued the closure was an arbitrary and capricious application of the Marine Mammal Protection Act, and the district court enjoined NOAA from implementing the closure pending a ruling on the merits. NOAA appealed, seeking to stay the district court ruling to allow the closure to go into effect while the appeal proceeded. The appellate court found that the district court misconstrued the record and overstepped its role in rejecting judgments of the agency charged with protection endangered marine mammals. It therefore granted NOAA's motion to stay pending appeal and remanded to the district court.