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LOPER BRIGHT ENTERPRISES, INC. v. RAIMONDO

No. 21-5166.

45 F.4th 359 (2022)

LOPER BRIGHT ENTERPRISES, INC., et al., Appellants Cape Trawlers, Inc., et al., Appellees v. Gina RAIMONDO, in her official capacity as Secretary of Commerce, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 12, 2022.

Attorney(s) appearing for the Case

Eric R. Bolinder argued the cause for appellants. With him on the briefs was Ryan P. Mulvey .

Daniel Halainen , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Todd Kim , Assistant Attorney General, and Rachel Heron , Attorney.

Dissenting opinion by Circuit Judge Walker.

In implementing an Omnibus Amendment that establishes industry-funded monitoring programs in New England fishery management plans, the National Marine Fisheries Service promulgated a rule that required industry to fund at-sea monitoring programs. A group of commercial herring fishing companies contend that the statute does...

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