ELR Citation: 55 ELR 20082
No(s). 24-0156 (E.D. La. Jun 27, 2025) (Milazzo, J.)

A district court denied a shrimping advocacy group's motion for summary judgment in a challenge to NMFS' 2019 rule requiring turtle excluder devices on skimmer trawl vessels greater than 40 feet in length operating in inshore waters. The group argued the agency failed to justify revoking the prior tow time exemption, disregarded the reliance interests of Louisiana shrimpers and the costs and benefits of the rule, and failed to demonstrate that there was incidental take occurring in Louisiana inshore waters. It also argued the rule violated the Commerce Clause and implicated the "major questions doctrine." The court found NMFS adequately explained its decision to revoke the prior tow time exemption, adequately considered shrimpers' purported reliance interests, and that observer data confirmed sea turtles are captured in Louisiana's inshore waters. It further found the rule did not violate the Commerce Clause nor implicate the major questions doctrine because Congress clearly delegated to NMFS authority to administer the ESA and the rule was a result of that. It denied summary judgment for the group and granted NMFS' cross-motion.