Relentless Inc. v. U.S. Dep't of Commerce, No. 21-1886 (1st Cir. 2023)
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The First Circuit affirmed the judgment of the district court concluding that a rule promulgated by the National Marine Fisheries Services (the Agency) requiring vessels fishing for herring on certain fishing trips to carry monitors on board was a permissible exercise of agency authority, holding that the rule was a permissible exercise of the Agency's authority and was otherwise lawful.
Plaintiffs, owners of two fishing vessels that harvest herring brought this action asserting, among other things, that they were disproportionately burdened by carrying monitors and that the Agency's monitor rule was arbitrary and capricious. The district court granted summary judgment for the Agency. The First Circuit affirmed, holding that the challenged rule was authorized by Congress and immune to Plaintiffs' various procedural and substantive challenges.
The court issued a subsequent related opinion or order on March 22, 2023.
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