On June 16, 2023, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the National Marine Fisheries Service (NMFS or Service), which licenses and regulates fisheries in federal waters, was not permitted to give the “benefit of the doubt” to endangered species or rely on worst-case scenarios or pessimistic assumptions in preparing biological opinions required by the Endangered Species Act (ESA). Maine Lobstermen’s Association v. State of Maine Dep’t of Marine Resources (D.C. Cir. June, 16, 2023) (slip opinion).
June 27, 2023
Analysis: Right whale ruling warns NOAA to rely on data, not policy judgments
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