DISTRICT 4 LODGE OF INT'L ASS'N v. RAIMONDO

No. 21-1873, No. 21-1874.

18 F.4th 38 (2021)

DISTRICT 4 LODGE OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS LOCAL LODGE 207; Damon Family Lobster Company, Inc.; Fox Island Lobster Company, LLC; Frank Thompson, Plaintiffs, Appellees, v. Gina M. RAIMONDO, in her official capacity as Secretary of the United States Department of Commerce; Janet Coit, in her official capacity as Assistant Administrator of the NOAA Fisheries; National Marine Fisheries Service, Defendants, Appellants. District 4 Lodge of the International Association of Machinists and Aerospace Workers Local Lodge 207; Damon Family Lobster Company, Inc.; Fox Island Lobster Company, LLC; Frank Thompson, Plaintiffs, Appellees, v. Center for Biological Diversity; Conservation Law Foundation, Inc.; Defenders of Wildlife, Intervenor-Defendants, Appellants.

United States Court of Appeals, First Circuit.

November 16, 2021.


Attorney(s) appearing for the Case

Erika B. Kranz , Todd Kim , Assistant Attorney General, Andrew C. Mergen , Alison C. Finnegan , and Taylor A. Mayhall on brief for appellants Gina M. Raimondo, Janet Coit, and National Marine Fisheries Service.

Kristen Monsell , Erica A. Fuller , and Jane P. Davenport on brief for intervenor-appellants Center for Biological Diversity, Conservation Law Foundation, Inc., and Defenders of Wildlife.

Jay P. McCloskey , Paula D. Silsby , Thimi R. Mina , Alfred C. Frawley IV , and McCloskey, Mina, Cunniff & Frawley, LLC on brief for appellees District 4 Lodge of the International Association of Machinists and Aerospace Workers Local Lodge 207, Damon Family Lobster Company, Inc., Fox Island Lobster Company, LLC, and Frank Thompson.

Ryan P. Steen , Stoel Rives LLP, Mary Anne Mason , General Counsel, Maine Lobsterman's Association, Jane C. Luxton , Kip J. Adams , and Lewis Brisbois Bisgaard & Smith LLP on brief for Maine Lobsterman's Association, amicus curiae.

Before KAYATTA, BARRON, and GELPÍ, Circuit Judges.


This case pits the Maine lobster industry against a federal environmental agency seeking to save the endangered North Atlantic right whale from extinction. Earlier this year, the National Marine Fisheries Service (the "Agency") issued a rule barring, from October to January each year, the most frequently employed methods...

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