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Medeiros v. Vincent

Citation: 35 ELR 20251
No. No. 04-1841, (1st Cir., 12/12/2005)

The court affirms the dismissal of an individual's complaint challenging the constitutionality of a Rhode Island Department of Environmental Management regulation restricting the number of lobsters that may be harvested by methods other than lobster traps. The individual's equal protection claim was dismissed because he failed to show that the regulation's discrimination between trap and non-trap lobstering methods bears no rational relationship to the asserted governmental purpose: to conserve the dwindling Atlantic lobster stock. Likewise, because the regulation is rationally related to the legitimate governmental purpose of lobster conservation, his substantive due process claim fails as well. And he lacks standing to assert a Tenth Amendment claim.