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Center for Biological Diversity v. Ross

ELR Citation: 49 ELR 20178
Nos. 18-112 (JEB), (D.D.C., 10/31/2019) (Boasberg, J.)

A district court denied NMFS’ motion to stay a lawsuit concerning the effects of lobster fishing on the endangered North Atlantic right whale. The agency requested a stay pending its promulgation of two conservation measures—a new biological opinion for the American lobster fishery and a regulation amending the take reduction plan for the whale—that it argued would moot the suit. The court found that NMFS’ intention to file another biological opinion and a new regulation did not mean that the whale would not be harmed in the interim, and that the agency failed to make the requisite showing of clear hardship or inequity for a stay. It therefore denied the motion.