GROUNDFISH FORUM et al v. PRITZKER et al, No. 1:2016cv02495 - Document 51 (D.D.C. 2019)

Court Description: MEMORANDUM OPINION in support of 50 Order granting Plaintiffs' Motion for Summary Judgment and denying Defendants' Cross-Motion for Summary Judgment and Intervenors' Cross-Motion for Summary Judgment. Signed by Judge Timothy J. Kelly on 3/21/2019. (lctjk2)

Download PDF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA et al. Plaintiffs et al. Defendants MEMORANDUM OPINION GROUNDFISH FORUM et al v. PRITZKER et al Doc. 51 Legal and Factual Background A. The Magnuson-Stevens Act et seq. C & W Fish Co. v. Fox see also Anglers Conservation Network v. Pritzker see id. see id. Id. See id. Id. see also id. See see see, e.g. Oceana, Inc. v. Locke Id. See id. Oceana B. Factual and Procedural Background 1. The Bering Sea-Aleutian Islands Pacific Cod Fishery See NRDC v. Nat’l Marine Fisheries Serv. see Id. e.g. i.e. see also Id. See Id. See 2. Aleutian Islands Fishing Communities a. Adak see also see See Id. b. Atka See See id. See See 3. Amendment 113 See See see see See Fishermen’s Finest, Inc. v. Locke see also See Pac. Coast Fed’n of Fishermen’s Ass’ns v. Blank Id. See See 4. This Action et seq. Id. Id. Id. Id. Id. See See See See Legal Standard Am. Bioscience, Inc. v. Thompson Rempfer v. Sharfstein Marshall Cty. Health Care Auth. v. Shalala agency N.C. Fisheries Ass’n, Inc. v. Gutierrez Citizens for Responsibility & Ethics in Wash. v. SEC Richards v. INS See see also NRDC Motor Vehicle Mfrs. Ass’n of the U.S., Inc. v. State Farm Mut. Auto. Ins. Co. Burlington Truck Lines v. United States de novo C & W Fish N.C. Fisheries NRDC v. Daley A.L. Pharma, Inc. v. Shalala Chevron U.S.A., Inc. v. NRDC See Daley Chevron Chevron Catawba County v. EPA Analysis Chevron A. The MSA’s Definition of “Fishing” at sea Id. id. harvesting Id. Chevron Id. used See see also See Nicopure Labs, LLC v. FDA unambiguously Petit v. U.S. Dep’t of Educ. Id. Id. Id. applicable to foreign fishing and fishing by vessels of the United States Id. see applies to fishing See see also id. Id. fishing fishery See, e.g. id. id. See id. see See within the context of the statute’s text as a whole Chevron B. Compliance with the National Standards 1. National Standard 8 State Farm Chevron See Chevron See Chevron Chevron Id. see Id. two See only See tak ing into account because of specific See see also Recreational Fishing All. v. Evans taken into account See See See only See specific See Daley consequences chose See see also See entirety intended C & W Fish 2. See National Standard 4 see also FMP Id. promote Id. See See see also id. Id. allocation see supra Chevron Chevron NRDC See See NRDC . See id. see also See, e.g. See does in fact See NRDC See See Id. Id. conservation State Farm post hoc Id. Transp. Inc. v. Ark.-Best Freight Sys., Inc. See Bowman distinct must not compromise conservation o ther Id. Id. See C & W Fish Conclusion

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