July 13, 2017 — After losing a lawsuit alleging a federal agency has imposed unfair regulations, Hampton fisherman David Goethel is taking his case to the U.S. Supreme Court.
Cause of Action Institute, which is representing Goethel and a group of other fishermen pro bono, filed a petition to be taken up by the Supreme Court Tuesday. The suit was originally filed in U.S. District Court against the National Oceanic and Atmospheric Administration and U.S. Department of Commerce in 2015. It alleges NOAA unfairly requires commercial groundfishermen to fund at-sea monitors to join them on fishing trips and observe their compliance with regulations. Groundfish include popular New England fishing species like cod and haddock.
A First U.S. Circuit Court of Appeals panel in Boston affirmed a ruling in favor of NOAA and the DOC this spring. According to Cause of Action’s petition, the lower court erred in dismissing the case based on the original suit being filed well after a 30-day deadline for challenging the regulation. Cause of Action is arguing the ruling prevented the court from addressing the merits of the suit’s argument – that fishermen believe it is unconstitutional for the government to force an industry to pay for its own policing.