The final days of the U.S. Supreme Court’s 2023 term saw the release of several decisions that may – or may not, depending on one’s perspective and desired strategy – hold significant implications for administrative law...more
7/5/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together the Services) have issued three final rules effective May 6, 2024...more
On October 27, 2021, the Biden administration proposed two new rules to roll back its predecessor’s regulatory clarifications involving habitat under the Endangered Species Act (ESA). Under the first proposal, the United...more
The Pacific Fishery Management Council (Council) submitted a proposed amendment – Amendment 21 – to the Pacific Coast Salmon Fishery Management Plan (FMP) to the National Marine Fisheries Service (NMFS) for review and...more
In the wake of the Fifth Circuit’s August 2, 2020 decision holding that the National Marine Fisheries Service (NMFS) lacked authority to regulate aquaculture in the Gulf of Mexico, the “Advancing the Quality and Understanding...more
On August 3, 2020, the Fifth Circuit in a 2-1 split decision held that the National Marine Fisheries Service (NMFS) cannot regulate aquaculture in the Gulf of Mexico under the Magnuson-Stevens Fishery Conservation and...more
Long-sought reforms to Endangered Species Act (ESA) implementation have arrived. On August 27, 2019, the U.S. Fish and Wildlife Service (FWS) and U.S. National Marine Fisheries Service (NMFS) finalized regulations (the 2019...more
On July 25, 2018, the Department of the Interior’s Fish and Wildlife Service (“FWS”) and the Department of Commerce’s National Marine Fisheries Service (“NMFS”) (collectively “the Services”) issued three proposed rules that...more