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Weekly Cases Update Volume 48, Issue 29

Massachusetts Lobstermen's Ass'n v. Ross

ELR 20176
17-406 (JEB) (D.D.C., October 2018)

A district court upheld President Barack Obama's 2016 proclamation of the Northeast Canyons and Seamounts off the New England coast as a marine national monument. Commercial fishing associations argued that the monument exceeded the president's authority under the Antiquities Act because it lies...

National monuments

Center for Biological Diversity v. Ross

ELR 20177
18-112 (JEB) and 18-283 (JEB) (D.D.C., October 2018)

A district court granted environmental groups' request for discovery relevant to the lobster fishing industry's impact on the endangered North Atlantic right whale. The groups argued that NMFS violated its ongoing duty under §7 of the ESA to ensure against jeopardy of endangered right whales and...

"Take," §9(a)(1)(B), Citizen suits, §11(g), Jeopardize species/habitat, §7(a)(2)