ELR Citation: ELR 21207
No(s). 91-2122 (1st Cir. Jun 11, 1992)

The court holds that regulated commercial fishing groups have sufficient interest to intervene as of right in a suit filed against the Secretary of Commerce by public interest organizations seeking development of a more extensive regulation plan under the Magnuson Act that would prohibit overfishing off the New England coast. The commercial fishing groups were denied intervention and at the same time a consent decree between the Secretary of Commerce and the public interest organizations was approved. The court holds that the lower court abused its discretion by denying the regulated groups intervention as of right, because they demonstrated both an interest in, and an adverse effect from, the consent decree negotiations. Moreover, although the government and the regulated fishing groups appear to have similar interests, the regulated groups are not adequately represented by the Secretary. The groups are presently regulated by the Secretary and, if the consent decree is ultimately effective, they will be subjected to even more stringent rules than those presently in effect.

Counsel for Plaintiffs-Appellees
Peter Shelley
Conservation Law Foundation, Inc.
Three Joy St., Boston MA 02108
(617) 742-2540

Counsel for Defendants-Appellees
Peter A. Appel
Environmental and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Appellants
Ralph J. Gillis
Gillis & Campbell
160 Old Derby St., Hingham MA 02043
(617) 749-2332