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AQUA HARVESTERS v. NY DEP'T OF ENV'L CONSERVATION

17-CV-1198 (JMA) (AKT).

399 F.Supp.3d 15 (2019)

AQUA HARVESTERS, INC., Bay Head, Inc., C. Seaman Seafood, Ltd., Doxsee Sea Clam Co., Edgar Seafood Products, Inc., Fernandez & Family, Inc., Freeport Sea Clam Co., Inc., Lady Kim, Inc., Lyons Fisheries, Inc., Off Shore Diving Corp., PEK Claim Co., Inc., SMJ Products Corp., St. Peter Dock, Inc., Verbeke, Inc., Winter Harbor Brands, Inc., American Pride Seafood, LLC, LET Vessels, LLC, TMT Vessels (NY), LLC, Atlantic Capes Fisheries, Inc., Galilean Seafoods, LLC, Oceanside Packers, Inc., and Seawatch International, Ltd., Plaintiffs, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION and Basil Seggos, in his capacity as Commissioner of the New York State Department of Environmental Conservation, Defendants.

United States District Court, E.D. New York.

Signed July 11, 2019.

Editors Note
Applicable Law: 28 U.S.C. § 2201
Cause: 28 U.S.C. § 2201 Constitutionality of State Statute(s)
Nature of Suit: 950 Constitutional - State Statute
Source: PACER

Attorney(s) appearing for the Case

Jeffrey Lee Snead , J. Lee Snead, Esq., 144 South Country Road, P.O. Box 489, Bellport, NY 11713, Attorney for Plaintiffs.

Elizabeth Morgan , New York State Office of the Attorney General, 120 Broadway, 24th Floor, New York, NY 10271, Attorney for Defendants.

Vincent Lipari , United States Attorneys Office, Eastern District of New York, 610 Federal Plaza, 5th Floor, Central Islip, NY 11722-4454, Brian Judge, Bronwyn Douglass, Office of the Judge Advocate, United States Coast Guard, 2703 Martin Luther King Ave SW, 610 Federal Plaza Washington, D.C., 20593, Attorneys for the United States Coast Guard.

MEMORANDUM & ORDER

New York State regulates the surfclam fishery in its waters through statute and through regulations promulgated by the New York State Department of Environmental Conservation ("DEC"). The Plaintiffs here are various surfclam harvesting companies that hold...

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