ELR Citation: 52 ELR 20132
No(s). 21-1523 (E.D. La. Nov 28, 2022) (Milazzo, J.)

A district court granted summary judgment for NMFS in a challenge to a 2019 rule requiring turtle excluder devices on skimmer trawl vessels greater than 40 feet in length in inshore waters. The final rule was published on December 20, 2019, with an effective date of April 1, 2021, but NMFS issued a delay rule on March 31, 2021, that postponed the effective date until August 1, 2021, in light of the COVID-19 pandemic. Louisiana initially argued the effective dates of the final rule and the delay rule were arbitrary and capricious because they did not consider the amount of time necessary for shrimpers to come into compliance, and sought to preliminarily enjoin enforcement of the rule or to extend its effective date. The court held that Louisiana showed a likelihood of success on the merits as to the delay rule, and enjoined the Service from enforcing the final rule until February 1, 2022. Louisiana and NMFS subsequently filed cross-motions for summary judgment on Louisiana's claim that the final rule was arbitrary and capricious. The court found Louisiana failed to provide evidence of actual injury from the final rule, and thus lacked standing. It granted NMFS' cross-motion and dismissed the suit for lack of subject matter jurisdiction.