MAINE LOBSTERMEN'S v. NATIONAL MARINE FISHERIES

No. 22-5238. Consolidated with 22-5244, 22-5245, 22-5246.

70 F.4th 582 (2023)

MAINE LOBSTERMEN'S ASSOCIATION, Appellant State of Maine Department of Marine Resources, et al., Appellant-Intervenors. v. NATIONAL MARINE FISHERIES SERVICE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 2023.


Attorney(s) appearing for the Case

Paul D. Clement argued the cause for appellant Maine Lobstermen's Association. With him on the briefs were Mary Anne Mason , Jane C. Luxton , James Y. Xi , Ryan Steen , and Jason Morgan .

Paul S. Weiland and Brian Ferrasci-O'Malley were on the briefs for intervenor-appellant State of Maine Department of Marine Resources.

Alfred C. Frawley IV and Thimi R. Mina were on the briefs for intervenor-appellant District 4 Lodge of the International Association of Machinists and Aerospace Workers, Local Lodge 207.

Samuel P. Blatchley was on the briefs for intervenor-appellant Massachusetts Lobstermen's Association.

H. Christopher Bartolomucci was on the brief for amicus curiae Maine State Chamber of Commerce in support of appellants.

John M. Formella , Attorney General, Office of the Attorney General for the State of New Hampshire, and Christopher G. Aslin , Senior Assistant Attorney General, were on the brief for amicus curiae State of New Hampshire in support of appellants.

Sommer H. Engels , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With her on the brief were Todd Kim , Assistant Attorney General, and Andrew C. Mergen , Rachel Heron , and J. Brett Grosko , Attorneys.

Kristen Monsell argued the cause for intervenor-appellees Conservation Law Foundation, et al. With her on the brief were Erica A. Fuller and Jane P. Davenport .

Before: Katsas and Rao, Circuit Judges, and Ginsburg, Senior Circuit Judge.


The National Marine Fisheries Service licenses fisheries in federal waters. In doing so, the Service must comply with the Endangered Species Act (ESA). That Act requires the Service to prepare an "opinion," commonly known as a biological opinion, "detailing how the [fishery...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases