City of New Bedford v. Locke, No. 11-1952 (1st Cir. 2012)Annotate this Case
This case involved legal challenges to recent federal management actions taken in New England's sensitive Multispecies Groundfish Fishery (Fishery). The challenges centered on the promulgation of a new groundfish Fishery Management Plan (FMP), Amendment Sixteen, which altered and expanded the Fishery's preexisting "sector allocation program" and established new restrictions on fishing activities to end and prevent overfishing. Plaintiffs filed suit in federal court alleging that Amendment Sixteen conflicted with the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act's provisions governing "limited access privilege programs," with the ten "national standards" applicable to all FMPs, and with the requirements of the National Environmental Policy Act (NEPA). Plaintiffs unsuccessfully sought to enjoin implementation of Amendment Sixteen. The district court granted summary judgment for Defendants as to all claims. The First Circuit Court of Appeals affirmed entry of judgment for Defendants, holding (1) Amendment Sixteen was implemented with the protections required by the Reauthorization Act; (2) Amendment Sixteen was consistent with the ten national standards; and (3) Amendment Sixteen was implemented in accordance with the requirements of NEPA.
The court issued a subsequent related opinion or order on December 21, 2012.