ELR Citation: 51 ELR 20030
No(s). 1:20-cv-00667 (TNM) (D.D.C. Feb 18, 2021) (McFadden, J.)

A district court granted fishermen's motion for summary judgment in a challenge to an NMFS rule that would close their swordfish fishery if they accidentally killed or injured too many marine mammals or turtles, and vacated the rule. The fishermen argued the rule conflicted with three national standards under the Magnuson-Stevens Act (MSA), and sought to have it set aside. NMFS conceded the fishermen were entitled to summary judgment because the rule conflicted with National Standard 7, and agreed that vacatur of the rule was appropriate. An environmental group intervened to preserve the rule, raising procedural and substantive challenges to the Service's determination that the rule violated the MSA. The court found the group provided no procedural or substantive basis to overturn the Service's determination, and therefore granted the fishermen's motion for summary judgment and vacated the rule.