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New England lobstermen win favorable ruling from appellate court
The Center Square ^ | 6/16/23 | Brent Addleman

Posted on 06/17/2023 10:49:40 AM PDT by CFW

New England lobstermen have won a favorable ruling from the U.S. Court of Appeals for the District of Columbia Circuit, which reversed a lower court decision and has granted relief.

In a decision Friday afternoon, Judge Douglas H. Ginsburg – the senior justice – wrote that the court was reversing a summary judgment of the District Court for the National Marine Fisheries Service and awarding a summary judgment to the Maine Lobstermen’s Association and the State of Maine Department of Marine Resources.

In the decision, the court ruled that the “federal government went too far” in its regulatory process “when they sought to impose significant restrictions on New England’s lobster industry, according to a release.

The case, Maine Lobstermen’s Association and State of Maine Department of Marine Resources v. National Marine Fisheries Service, was argued on Feb. 23. The case, Ginsburg wrote, centered around the National Marine Fisheries Service complying with the Endangered Species Act when doling out licenses to fisheries in federal waters.

(Excerpt) Read more at thecentersquare.com ...


TOPICS: Constitution/Conservatism; Government; US: Maine
KEYWORDS: fisherman; lobsters; maine; newengland; regulations
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Any time that the Courts pushes back against government regulations it's a good thing for me. Congress has ignored their jobs and allowed federal agencies to make laws via regulation. That needs to be stopped and our representatives need to start doing their jobs.
1 posted on 06/17/2023 10:49:40 AM PDT by CFW
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To: CFW

Maine has voted Democratic in every presidential election since 1992.


2 posted on 06/17/2023 10:52:45 AM PDT by Tommy Revolts
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To: CFW

Summary Judgment! Not even close.


3 posted on 06/17/2023 10:56:29 AM PDT by Dr. Sivana ("If you can’t say something nice . . . say the Rosary." [Red Badger])
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To: CFW

My problem with it is all the layers. One appeal after another for those who can’t get it really right even with judge shopping. Just look at all the districts Trump is subject to. Get it right the first time. The jury I was on would not find guilty in a domestic case. The judge makes $200k/yr to pay attention and say sustained/overruled. State had a very weak case so they dumped it on a jury. A complete waste of time/money.

We are over-lawyered and under-represented-Jimmy Carter.


4 posted on 06/17/2023 10:57:41 AM PDT by DIRTYSECRET (e allowed )
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

MMMMMMM.......LOBSTAH.....


5 posted on 06/17/2023 11:04:47 AM PDT by bitt (<img src=' 'width=40%>)
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To: Tommy Revolts

Yes, but most Demorats in Maine are smart enought not to support regulations that kill the lobster industry. If they did Maine would go Red in a big way.


6 posted on 06/17/2023 11:04:47 AM PDT by Maine Mariner
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To: CFW

Is the justice who made this ruling the same Douglas Ginsburg who was proposed as a replacement for Robert Bork, when the Senate defeated Bork’s nomination? Ginsburg was dropped quickly when it was revealed that he had smoked marijuana in college. So we wound up with the dreadful Anthony Kennedy.


7 posted on 06/17/2023 11:15:24 AM PDT by Wallace T.
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To: Wallace T.
Is the justice who made this ruling the same Douglas Ginsburg who was proposed as a replacement for Robert Bork, when the Senate defeated Bork’s nomination?

You mean "Captain Toke"?


8 posted on 06/17/2023 11:21:45 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: CFW
In the decision, the court ruled that the “federal government went too far” in its regulatory process “when they sought to impose significant restrictions on New England’s lobster industry....

Great news - thanks for posting.

9 posted on 06/17/2023 11:29:21 AM PDT by GOPJ (Black thugs, white liberal 'elites', and sexual weirdos are the democrat team against the rest of us)
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To: Wallace T.

“Is the justice who made this ruling the same Douglas Ginsburg who was proposed as a replacement for Robert Bork, when the Senate defeated Bork’s nomination? Ginsburg was dropped quickly when it was revealed that he had smoked marijuana in college. So we wound up with the dreadful Anthony Kennedy.”


Yes. I believe it is the same judge. We would have been better off with Ginsburg on SCOTUS.


10 posted on 06/17/2023 11:35:05 AM PDT by CFW (old and retired)
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To: CFW
The case, Ginsburg wrote, centered around the National Marine Fisheries Service complying with the Endangered Species Act when doling out licenses to fisheries in federal waters.

In the case, Ginsburg wrote that the organization was to prepare a biological opinion that details how fishing affects endangered and threatened species. That biological opinion, Ginsburg wrote, has to determine if the federal fishery is “not likely” to put any protected species in jeopardy.

According to court documents, the case centered on the service’s “efforts to protect the North Atlantic right whale from mankind and lobstermen.” According to court documents, the whale has been on the protected list since the list was created, and despite reaching 500 North Atlantic right whales in existence in 2011, that number has dropped to 358.

In the decision, Ginsburg wrote that the fisheries service was unable to raise an independent defense for one of the counts in the case and directed the District Court to vacate the biological opinion, which said that lobstermen kill right whales, and provide the relief sought by lobstermen.

11 posted on 06/17/2023 12:05:04 PM PDT by PIF (They came for me and mine ... now its your turn)
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To: CFW

Ginsburg would have been a better choice. However, in 1988, use of marijuana was considered political death. But the next three Presidents after the older George Bush admitted to using illicit drugs even if, in the case of Bill Clinton, he didn’t inhale!


12 posted on 06/17/2023 12:24:59 PM PDT by Wallace T.
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To: Tommy Revolts

“ Maine has voted Democrat in every presidential election since 1992.”
Fixed it for you.
Democratic is a type of government
DemocRAT is a political party
Please learn the difference.
Sincerely!


13 posted on 06/17/2023 12:26:35 PM PDT by 9422WMR
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To: Wallace T.

“Ginsburg would have been a better choice. However, in 1988, use of marijuana was considered political death. But the next three Presidents after the older George Bush admitted to using illicit drugs even if, in the case of Bill Clinton, he didn’t inhale!”


The left had to abandon all pretense of morality in order to support Bill Clinton. It’s amazing to watch the same people today act outraged at anything said or done by those on the right after their excuses and support of Bill and Hillary Clinton. “But that was different” they exclaim! While not exactly explaining why and how it is different.

It’s much the same as they do with Trump’s possession of Presidential documents versus Biden’s possession of documents dating back to his time in the Senate.

Also, I believe I read that the corporate mainstream media devoted 290 minutes last week to reporting on Trump’s indictment and 0 (that’s zero) on the issue of Biden’s bribery funds. That’s not just biased reporting, there is something deeper at play. For decades ago, in-depth reporting on Biden’s corruption would be an award winning venture. Now, no one in corporate media will touch the subject. They have either been paid off or warned off.


14 posted on 06/17/2023 12:38:46 PM PDT by CFW (old and retired)
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To: nutmeg

Bookmark


15 posted on 06/17/2023 12:48:09 PM PDT by nutmeg (My 'pride flag' is the AMERICAN FLAG)
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To: Tommy Revolts
Maine has voted Democratic in every presidential election since 1992.

I believe Maine was the only state that went for Perot in 1992. In any case, it's a mix of Democrat and Republican, and probably the most independent of the New England states.


16 posted on 06/17/2023 3:36:31 PM PDT by Cinnamontea
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To: Cinnamontea

Perot did not win a single state in 1992 and 1996.


17 posted on 06/17/2023 3:42:15 PM PDT by Clemenza
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To: Cinnamontea

I just checked Perot got no electoral votes.


18 posted on 06/17/2023 3:44:42 PM PDT by Reily (!!)
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To: bitt
Oh, you New Englanders and your lobstah ... what I know is that crabs walk sideways and lobsters walk straight! 😌
19 posted on 06/17/2023 6:56:16 PM PDT by Bob Ireland (The Democrap Party is the enemy of freedom.They use all the seductions and deceits of the Bolshevics)
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To: Bob Ireland
...what I know is that crabs walk sideways and lobsters walk straight! 😌

Don't you schweetheart me [hic]

20 posted on 06/17/2023 7:02:39 PM PDT by BlueLancer (One for all ... All for one ... Every man for himself) (Moe, Larry, and Curley)
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