Glacier Fish Company v. Penny Pritzker

On appeal, Glacier makes three claims: (1) that NMFS is not authorized to collect a cost recovery fee from Glacier because (a) the coop permit does not qualify as a limited access privilege and (b) even if it did, Glacier does not hold fhe permit; (2) that NMFS failed to implement the cost accounting methodology reqommended by the Council; and (8) that NMFS’s calculation of the 2014 fee was inconsistent with its own regulations. While I join in the majority’s evaluation of the merits of all three issues, in my view, we need not have considered much of the first because Glacier waived it.

“[A]…