WHAT: Oral arguments in the appeal of the lawsuit filed by the cities of New Bedford and Gloucester vs NOAA
WHEN: Wednesday, September 5, 2012. Oral arguments begin at 9:30 a.m. This case is 4th on the docket, but cases may be called at any time.
WHERE: John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Boston, Massachusetts 02210, Clerk's Office Phone Number (617) 748-9057
WHO: Court proceedings are open to Media and the General Public
The following was released by the office of New Bedford Mayor Jon Mitchell:
NEW BEDFORD, Mass – September 4, 2012 – Oral arguments in the appeal of the lawsuit filed by the Cities of New Bedford and Gloucester, and a number of East Coast fishing industry interests will challenge Amendment 16, the framework for the federal government’s fisheries catch share system, in oral arguments scheduled to be heard by the U.S. Court of Appeals for the First Circuit in Boston tomorrow, Wednesday, September 5, 2012. The plaintiffs allege that the National Oceanic and Atmospheric Administration ignored important procedural and substantive provisions of law enacted by Congress to protect traditional fishing communities and to shield small businesses from arbitrary acts by the agency.
New Bedford Mayor Jon Mitchell, who testified before the New England Fisheries Management Council’s Scientific & Statistical Committee in Boston just two weeks ago, will also attend the oral argument.
Gloucester and New Bedford will be represented in the oral arguments by experienced advocates Attorney James F. Kavanaugh, Jr. and Attorney Eldon Greenberg.
Attorney Kavanaugh, originally from New Bedford, is a partner at Conn, Kavanaugh, Rosenthal, Peisch & Ford in Boston. He is a trial lawyer with extensive experience in both state and federal courts. Mr. Kavanaugh has been regularly selected as a "Massachusetts Super Lawyer" as well as a "New England Super Lawyer." In addition, he was selected as one of the "Top 100 Massachusetts Super Lawyers" and one of the "Top 100 New England Super Lawyers" by Law & Politics and the publishers of Boston Magazine for 2008. Mr. Kavanaugh has also received an AV Peer Review Rating, the highest rating, in The Martindale-Hubbell Lawyers Directory.
Attorney Greenberg served as general counsel of the National Oceanic and Atmospheric Administration (NOAA) and as deputy general counsel of the Agency for International Development during President Jimmy Carter’s administration. Mr. Greenberg has an extensive litigation and agency practice on behalf of natural resource clients. He has represented commercial fisheries trade associations, seafood harvesting and processing companies, and fisheries research and development foundations.
Read more about the case at the following links:
Judge Zobel Rules Against New Bedford and Gloucester on All Counts
Senator Kerry calls Zobel ruling "disappointing"; expresses hope it will be "appealed and reversed"
New Bedford and Gloucester to Appeal Judge Zobel's Ruling on Amendment 16
New Bedford, fishing interests appeal ruling in suit