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Oceana, Inc. v. Ross

ELR Citation: 49 ELR 20013
Nos. 16-CV-06784-LHK, (N.D. Cal., 01/18/2019) (Koh, J.)

A district court granted an environmental group's request to enforce the court's previous order that NMFS issue a new catch rule for northern anchovy that complies with the Magnuson-Stevens Act (MSA) and the APA. The group argued that the agency had not complied with the order and requested that the court direct the agency to issue a new catch rule within 90 days. The court found that the agency's new rule was at least 129 days past due, and was not convinced by the agency's explanation for the delay because it does not need to wait for new data to promulgate updated catch limits—it need only use the best scientific information available. Moreover, the agency did not seek a stay to relieve itself of the requirements of the court's previous order. The court therefore ordered the agency to promulgate a new rule in compliance with the MSA and the APA within 90 days.