NCCFRG v. CAPT. GASTON LLC

No. 21-2184.

76 F.4th 291 (2023)

NORTH CAROLINA COASTAL FISHERIES REFORM GROUP; Joseph William Albea; David Anthony Sammons; Captain Seth Vernon; Captain Richard Andrews; Dwayne Bevell, Plaintiffs-Appellants, v. CAPT. GASTON LLC; Esther Joy, Inc.; Hobo Seafood, Inc.; Lady Samaira Inc.; Trawler Capt. Alfred, Inc.; Trawler Christina Ann, Inc.; Trawlers Garland and Jeff, Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 7, 2023.


Attorney(s) appearing for the Case

ARGUED: James L. Conner II , CALHOUN, BHELLA & SECHREST, LLP, Durham, North Carolina, for Appellants. Brian David Schmalzbach , MCGUIREWOODS LLP, Richmond, Virginia, for Appellees. ON BRIEF: Shannon M. Arata , CALHOUN, BHELLA & SECHREST, LLP, Durham, North Carolina, for Appellants. David N. Ventker , Marissa M. Henderson , VENTKER HENDERSON, PLLC, Norfolk, Virginia, for Appellee Esther Joy, Inc. Stevenson L. Weeks , WHEATLY, WHEATLY, WEEKS & LUPTON, PA, Beaufort, North Carolina; Charles D. Case , W. Dixon Snukals , Raleigh, North Carolina, Henry L. Kitchin, Jr. , MCGUIREWOODS LLP, Wilmington, North Carolina, for Appellees Capt. Gaston LLC; Lady Samaira, Inc.; Trawler Capt. Alfred, Inc.; Trawler Christina Anne, Inc.; Hobo Seafood, Inc.; and Trawlers Garland and Jeff, Inc.

Affirmed by published opinion. Judge Richardson wrote the opinion, in which Judge Rushing and Judge Lydon joined.


Fisheries Reform Group alleges that shrimp trawlers operating in North Carolina's Pamlico Sound are violating the Clean Water Act by engaging in two types of unpermitted activity: throwing bycatch overboard and disturbing sediment with their trawl nets. But these activities do not violate the Clean Water Act. The Act forbids...

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