ELR Citation: 55 ELR 20019
No(s). 24-1388 (4th Cir. Feb 4, 2025)

The Fourth Circuit vacated a district court order that denied a motion to preliminarily enjoin the Atlantic States Marine Fisheries Commission's recommended fishery management plan (FMP) for striped bass. A trade group, a group of charter boat captains, and two individuals operating in Maryland sued the Commission, alleging due process and takings claims under the U.S. Constitution and related claims under the Maryland Constitution. The district court found plaintiffs were unlikely to succeed on the merits, concluding they likely lacked standing because their alleged injuries were unlikely to be redressed by enjoining the FMP. The appellate court concluded plaintiffs lacked standing because they were regulated by Maryland, not the Commission, and they did not allege that enjoining the recommended plan would likely cause Maryland to rescind its own regulations; even if they had, they would have needed to bolster that allegation with specific reasons supporting it, as Maryland adopted stricter measures than the FMP called for. The appellate court vacated the order and remanded with instructions to dismiss the suit.