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

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

40 F.4th 36 (2022)

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.

July 12, 2022.

Attorney(s) appearing for the Case

Rachel E. Heron , Attorney, Environment & National Resources Division, Department of Justice, with whom Todd Kim , Assistant Attorney General, Environment & National Resources Division, Department of Justice, Andrew C. Mergen , Alison C. Finnegan , Brett Grosko , Taylor A. Mayhall , and Erika B. Kranz , Attorneys, Environment & National Resources Division, Department of Justice, Darcie N. McElwee , United States Attorney, U.S. Attorney's Office, District of Maine, John G. Osborn , Chief, Civil Division, U.S. Attorney's Office, District of Maine, and John Almeida , Attorney-Advisor, National Oceanic & Atmospheric Administration, were on brief, for federal appellants.

Kristen Monsell , with whom Erica A. Fuller and Jane P. Davenport were on brief, for intervenor-appellants.

Alfred C. Frawley IV , with whom Jay P. McCloskey , Paula D. Silsby , Thimi R. Mina , and McCloskey, Mina, Cunniff & Frawley, LLC were on brief, for appellees.

Before Lynch, Kayatta, and Gelpí Circuit Judges.

In August 2021, the National Marine Fisheries Service (the "Agency") issued a regulation that, among other things, prohibited lobster fishing with vertical buoy lines (the most common form of lobster fishing) each year between mid-October and January in a 967 square mile zone of the Atlantic Ocean, dubbed the LMA 1 Restricted...

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