Saving Seafood

US Supreme Court overturns Chevron in blow to NOAA’s regulatory authority

June 28, 2024 — A lawsuit filed by New Jersey herring fishermen has struck a massive blow to the authority of U.S. regulators.

On 28 June, the U.S. Supreme Court ruled in favor of the plaintiff fishermen in Loper Bright Enterprises v. Raimondo, overturning the long-standing Chevron deference – a legal precedent that gave federal agencies wide latitude in interpreting congressional statutes – and limiting the authority of NOAA Fisheries to implement regulations without clear guidance from lawmakers.

Read the full article at SeafoodSource

The Supreme Court weakens federal regulators, overturning decades-old Chevron decision

June 28, 2024 — The Supreme Court on Friday upended a 40-year-old decision that made it easier for the federal government to regulate the environment, public health, workplace safety and consumer protections, delivering a far-reaching and potentially lucrative victory to business interests.

The court’s six conservative justices overturned the 1984 decision colloquially known as Chevron, long a target of conservatives who have been motivated as much by weakening the regulatory state as social issues including abortion. The liberal justices were in dissent.

The case was the conservative-dominated court’s clearest and boldest repudiation yet of what critics of regulation call the administrative state.

Bill Bright, a Cape May, New Jersey-based fisherman who was part of the lawsuit, said the decision to overturn Chevron would help fishing businesses make a living. “Nothing is more important than protecting the livelihoods of our families and crews,” Bright said in a statement.

Read the full article at the Associated Press

Cape May fishermen at center of major U.S. Supreme Court case

January 21, 2024 — The U.S. Supreme Court is weighing what could be one of the most important decisions it makes this term: whether to uphold a 1984 legal precedent known as Chevron, which states that federal courts must defer to regulatory agencies when a law is ambiguous.

But a lawsuit filed by three commercial fishermen at the Jersey Shore could sink Chevron.

Environmentalists fear that would greatly curtail the power of federal regulators such as the Environmental Protection Agency, as well as a broader spectrum of agencies handling public health and safety.

In short, the fishermen are objecting to a regulation that requires them to pay observers to ensure their vessels comply with federal regulation while at sea. Cape May-based commercial fishing operations, run by Bill Bright, Wayne Reichle, and Stefan Axelsson, filed a suit, Loper Bright Enterprises v. Raimondo, which is backed by conservative groups seeking to overturn Chevron.

Read the full article at The Philadelphia Inquirer 

Cape May County continuing federal offshore wind suit despite Ørsted backout

November 27, 2023 — Cape May County will continue challenging permitting for offshore wind development in New Jersey despite one company abandoning its plans to build wind turbines along the coast.

Michael Donohue, who represents the county in offshore wind matters, said the decision to not rescind its lawsuit was made because Ørsted has said in statements another company could take on the leases for the projects.

“It is clear that Ørsted has abandoned the development of Ocean Wind 1 and Ocean Wind 2, but it is also clear that they believe that they can sell their lease and their state and federal permits,” said Donohue. “For Ørsted to break every promise it made to multiple New Jersey communities, to break all the promises it made to trade unions in South Jersey, to break all of its contractual obligations with New Jersey agencies and then believe that it is entitled to profit from its lease and permits is the height of arrogance. The County of Cape May intends to challenge this proposition in federal and state court moving forward in connection with the litigation already underway.”

Read the full article at The Press of Atlantic City

NJ county, groups sue federal government over offshore wind

October 19, 2023 — Cape May County and several local groups have filed a lawsuit against the federal government, hoping to bury plans to erect a wind farm off of New Jersey’s southern coast.

At the same time, an ocean advocacy group is calling on leaders in New Jersey to quit green-lighting any offshore wind development for the future.

Plaintiffs in a lawsuit filed on Tuesday argue that federal regulators rushed approval of permits for Orsted’s Ocean Wind 1 project and are putting the environment and local marine life in harm’s way.

Read the full article at New Jersey 101.5

Cape May County, fishermen challenge approval of Ørsted wind project

October 18, 2023 — Led by Cape May County, N.J., elected officials, a coalition of fishermen, tourism businesses and environmental activists filed a lawsuit Tuesday in the Federal District Court for the District of New Jersey challenging federal government approvals for Ørsted’s Ocean Wind 1 project.

The court action is aimed “against multiple federal agencies and the leadership of those agencies, alleging that federal regulators have abandoned their obligations to protect the environment and Atlantic coastal marine life in favor of an inappropriate collusion with Big Wind interests,” according to a statement issued by county officials.

Plaintiffs on the complaint include the Cape May County Chamber of Commerce, the Greater Wildwood Hotel Motel Association, the environmental group Clean Ocean Action, the Garden State Seafood Association, LaMonica Fine Foods, Lund’s Fisheries, and Surfside Seafood Products.

Cape May officials and seaside communities like Ocean City, N.J., have opposed the planned 1,100-megawatt turbine array as a threat to their tourism economy, while Clean Ocean Action activists see New Jersey’s wind power ambitions as a threat to the marine environment.

Read the full article at the National Fisherman

Lund’s Fisheries, PAFCO cease business with Chinese processors named in Outlaw Ocean report

October 15, 2023 — Cape May, New Jersey, U.S.A.-based Lund’s Fisheries has ceased its business relationship with a Chinese supplier in the wake of a report by the Outlaw Ocean Project on the use of Uyghur laborers at seafood companies in China.

Lund’s Fisheries, in a statement released on 13 October, said that upon hearing questions and criticisms about Rongcheng Haibo – one of several Chinese companies named by the Outlaw Ocean Project in its report – it initiated an internal investigation and “resolved not to renew existing contracts with Rongcheng Haibo until that work was complete.” Now, although the company said it did not find any evidence of illegal activity or forced labor at Rongcheng Haibo, the company will continue to maintain the cessation of new business “pending further investigation.”

Read the full article at SeafoodSource

NEW JERSEY: Wind power company sues Cape May County over permitting delay

July 12, 2023 — The company building a controversial wind farm off New Jersey’s coast is suing Cape May County officials for not fulfilling permitting requests and following regulator orders it argues has delayed the project.

Ocean Wind 1, owned by Danish-based energy company Ørsted, contends the county, its clerk and its engineer are prolonging the paperwork needed for easements required by the New Jersey Board of Public Utilities.

The officials also are not yet granting road opening permits for work in Ocean City, the suit alleges.

The lawsuit was filed July 3, in the same week the Biden administration approved the wind farm’s construction about 13 nautical miles southeast of Atlantic City.

The wind farm’s builder names the county’s clerk and engineer, Rita Rothberg and Robert Church, respectively. It also names Kevin Lare, the clerk for the Cape May County Board of Commissioners.

Read the full article at The Press of Atlantic City

NEW JERSEY: Cape May County to Host Forum in Battle Against Wind Farm

June 22, 2023 — Opponents of a proposed offshore wind energy farm are intensifying their legal, political and public relations campaign against a project they say will create a “superhighway of windmills” in the ocean.

In the latest salvo against the Ocean Wind 1 project, Cape May County will hold an online forum on Saturday to present more arguments against the wind farm planned 15 miles off the South Jersey coast.

Cape May County Commission Director Leonard Desiderio, who is also the Sea Isle City mayor, said in a statement Wednesday that the wind farm forum will be a “factual presentation of our many concerns about the Orsted windmill projects.”

“We believe that the plan to create a superhighway of windmills should be subject to more specific and serious studies to answer the questions about the whale and dolphin deaths and other serious negative environmental and economic impacts that are likely to occur,” he said. “And if those studies show that our losses will be severe, then these windmills should not be built.”

The online forum closely follows the county’s hiring of more law firms to oppose the project in court and also to challenge state and federal regulatory permits needed for the wind farm.

The public is invited to join the livestreamed forum on Saturday from 10 a.m. to noon. The attendees will learn more about the potential negative impacts of Orsted’s Ocean Wind 1 and Ocean Wind 2 offshore wind projects. The link Capewindinfo.com will go live at 10 a.m.

Read the full article at OCNJDaily

Lund’s Fisheries’ CEO Wayne Reichle: Scallops, calamari center firm’s sales strategy

January 11, 2023 — Cape May, New Jersey, U.S.A.-based Lund’s Fisheries’ latest investment in its scallop operations is one part of the company’s long-term sales strategy, Lund’s Fisheries CEO Wayne Reichle told SeafoodSource.

Lund’s announced in early January it has purchased a new USD 2 million (EUR 1.8 million) tunnel freezer for its operations in Cape May – a move Reichle said geared toward enhancing the control of the scallop resources the company processes.

Read the full article at SeafoodSource