District 4 Lodge of the International Ass'n v. Raimondo, No. 21-1873 (1st Cir. 2022)
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In this dispute between the Maine lobster industry and the National Marine Fisheries Service (the Agency) over a rule barring frequently employed methods of lobstering the First Circuit lifted its issuance of a preliminary injunction and remanded the case for further proceedings, holding that Plaintiffs were unlikely to succeed on the merits of their claim.
Plaintiffs, a union of oyster fishers and fishing companies, challenged a regulation issued by the National Marine Fisheries Service in August 2021 that prohibited lobster fishing with vertical buoy lines in certain areas during certain times of year. After the district court granted a preliminary injunction enjoining enforcement of the seasonal disclosure, the government and conservation grounds sought a stay of the order. The First Circuit first stayed the preliminary injunction and then vacated the injunction, holding that Plaintiffs were unlikely to succeed on the merits of their claim.
This opinion or order relates to an opinion or order originally issued on November 16, 2021.
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