GOETHEL v. U.S. DEPT. OF COMMERCE

No. 16-2103.

854 F.3d 106 (2017)

David GOETHEL, XIII Northeast Fishery Sector, Inc., Plaintiffs, Appellants, v. U.S. DEPARTMENT OF COMMERCE; Wilbur Ross, in his official capacity as Secretary, U.S. Department of Commerce; Benjamin Friedman, in his official capacity as Acting Administrator, National Oceanic and Atmospheric Administration; National Oceanic and Atmospheric Administration; Samuel D. Rauch III, in his official capacity as Assistant Administrator for Fisheries (Acting) for the National Marine Fisheries Service; National Marine Fisheries Service, Defendants, Appellees.

United States Court of Appeals, First Circuit.

April 14, 2017.


Attorney(s) appearing for the Case

Julie A. Smith , with whom Eric R. Bolinder , Ryan P. Mulvey , Cause of Action Institute, and James C. Wheat , Pierre A. Chabot , and Wadleigh, Starr & Peters, P.L.L.C., Manchester, NH, were on brief for appellants.

Thekla Hansen-Young , with whom John C. Cruden , Assistant Attorney General, Andrew C. Mergen , Robert Lundman , Alison C. Finnegan , Andrea Gelatt , Environment & Natural Resources Division, U.S. Department of Justice, and Mitch MacDonald , Gene Martin , National Oceanic and Atmospheric Administration, Office of General Counsel, Northeast Section, were on brief for appellees.

Before Kayatta, Circuit Judge, Souter, Associate Justice, and Stahl, Circuit Judge.


This case arrives on the court's deck from regulations promulgated by the National Marine Fisheries Service (NMFS), which require that on certain commercial fishing trips, fishermen must be accompanied on their vessels by at-sea monitors to ensure compliance with catch quotas, and that the industry must foot the bill for these...

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