Legal Opinion
Tempest Fisheries v. Locke
Court of Appeals for the First Circuit
Decided November 28, 2012No. 11-1952, 11-1964, 11-1987, 11-2001PublishedCited by 34 opinions
1Opinion of the Court
LYNCH, Chief Judge.
This case involves legal challenges to recent federal management actions taken in New England’s sensitive Multispecies Groundfish Fishery. We reject the many challenges and affirm entry of summary judgment for the federal defendants.
Under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1884, the New England Fishery Management Council (“N.E. Council”) regulates fishery resources within the federal waters off New England’s coast. It does so primarily through Fishery Management Plans (“FMPs”), which it reevaluates biennially in light of the…
2Cases cited47 opinions
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- United States v. O'BrienSupreme Court of the United States · 1968
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
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3Cited by34 opinions
- Latin Americans for Social & Economic Development v. Administrator of the Federal Highway AdministrationCourt of Appeals for the Sixth Circuit · 2014
- Natural Resources Defense Council v. National Marine Fisheries ServiceDistrict Court, District of Columbia · 2014
- Coastal Conservation Ass'n v. United States Department of CommerceCourt of Appeals for the Fifth Circuit · 2017
- Goethel v. U.S. Department of CommerceCourt of Appeals for the First Circuit · 2017
- Brathwaite v. GarlandCourt of Appeals for the Second Circuit · 2021
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