ELR Citation: 55 ELR 20095
No(s). 20-108 WES (D.R.I. Jul 15, 2025) (Smith, J.)

A district court denied fishing vessel owners' motion for summary judgment in a challenge to an NMFS rule that sometimes requires vessels fishing for Atlantic herring to bear costs associated with carrying aboard a mandated at-sea monitor. The owners argued the rule was unlawful and should be set aside because it was not authorized by the Magnuson-Stevens Act (MSA), violated other provisions of the Act, ran afoul of the Commerce Clause, and was adopted without following procedural requirements of the Regulatory Flexibility Act. The court, initially relying on Chevron deference, found the rule was lawful and denied the owners' motion. The owners appealed and the First Circuit affirmed. In 2024, the U.S. Supreme Court granted review, overruled Chevron, vacated the judgment, and remanded. The First Circuit vacated its previous judgment and remanded to the district court. On remand, the district court concluded Congress explicitly delegated discretionary authority to NMFS to issues rules it deems "necessary and appropriate for the conservation and management of the fishery," and that the rule fell within those boundaries. It denied the owners' motion for summary judgment and granted the government's cross-motion.