Saving Seafood

Supreme Court Set to Decide Case That Could Curb Power of Government Agencies

June 27, 2024 — The Supreme Court is expected to issue a decision this week that could have broad implications for the authority of federal regulatory agencies including the Securities and Exchange Commission and Environmental Protection Agency.

At issue is a four-decade-old precedent known as Chevron deference, which gives agencies wide latitude in crafting regulations. During oral arguments in January, some conservative justices expressed skepticism about it, suggesting the court could overturn or curtail it.

The precedent directs courts to defer to federal agencies’ reasonable interpretations of federal law when statutes are deemed ambiguous. Conservatives and business groups say that it has handed too much power to unelected government regulators.

Chevron deference lies at the heart of two cases the court heard this term: Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. Both cases involve fishing boat operators who challenged the constitutionality of federal government regulations intended to protect Atlantic herring fisheries. The plaintiffs took issue with a 2020 National Marine Fisheries Service rule requiring boat operators to pay for federal monitors on their ships. This can cost as much as $710 a day, according to the plaintiffs.

Chevron has been a “disaster,” lawyers for one of the fishing companies, Loper Bright Enterprises, wrote in a November court filing. “Lower courts see ambiguity everywhere and have abdicated the core judicial responsibility of statutory construction to executive-branch agencies,” they wrote. “The exponential growth of the Code of Federal Regulations and overregulation by unaccountable agencies has been the direct result.”

Read the full article at Market Watch

Alaska Native corporations challenge EPA veto authority

June 27, 2024 — Two Alaska Native Village corporations are suing the Biden administration and calling on a district court there to halt EPA’s Clean Water Act authority to stymie projects like the Pebble copper and gold mine in the pristine Bristol Bay.

Iliamna Natives Ltd. and Alaska Peninsula Corp. on Monday sued EPA in the U.S. District Court for the District of Alaska, arguing the agency overstepped its authority when it issued a rare veto under the Clean Water Act last year to block the Pebble mine from being built in a watershed that supports the world’s largest sockeye salmon fishery.

The Pacific Legal Foundation, a nonprofit known for arguing a precedent-setting Clean Water Act case before the Supreme Court last year that is representing the groups, asked the court to find Section 404 of the Clean Water Act to be unconstitutional.

Read the full article at E&E News

Alaska sues EPA over Pebble copper and gold mine prohibitions

April 14, 2024 — Alaska sued the U.S. Environmental Protection Agency on Thursday seeking to overturn an agency decision that it said effectively blocked development of one of the world’s largest copper and gold deposits.

The complaint filed in an Anchorage federal court challenges the EPA’s 2023 final determination that prohibited the discharge of mining waste from the so-called Pebble deposit into the state’s Bristol Bay.

Read the full article at Reuters

Controversial mine project sues over EPA veto

March 18, 2024 — In a statement Friday, the Pebble Partnership alleged the EPA’s veto was issued before the completion of the permitting process.

Rather than waiting for the Army Corps of Engineers’ (USACE) permitting process to conclude, the EPA made its decision under a provision of the Clean Water Act that allows it to restrict mining activity in the Bristol Bay watershed.

The bay contains the world’s single largest sockeye salmon fishery.

Read the full article at The Hill

Tire makers say lawsuit over fish-killing chemical sidesteps EPA

March 12, 2024 — Michelin (MICP.PA), and 12 other tire manufacturers have asked a U.S. court to dismiss a lawsuit filed by California-based commercial fishing groups that allege a chemical used in their tires is poisoning West Coast watersheds and killing rare trout and salmon.

The tire manufactures, which also include Bridgestone (5108.T), and Goodyear Tire & Rubber (GT.O),  told a federal court in San Francisco on Friday that the lawsuit attempts to “step around” the U.S. Environmental Protection Agency, which is the country’s primary regulator of chemicals and is already considering rules targeting 6PPD, a rubber stabilizer.

The Institute for Fisheries Resources and the Pacific Coast Federation of Fishermen’s Associations had said in their November lawsuit that the chemical, which becomes toxic when it degrades, is released from tires as vehicles drive around and park. The degraded chemical can be flushed into waterways during storms, where it kills protected salmon and trout.

The groups said that violates a provision of the Endangered Species Act (ESA) that prohibits parties from incidentally harming or killing protected animals or plants without first obtaining federal approvals.

Read the full article at Reuters

NEW YORK: EPA Air Permit Advances New York Offshore Wind Farm Project

February 22, 2024 — The US Environmental Protection Agency (EPA) issued a Clean Air Act permit for Empire Offshore Wind LLC. The offshore wind farm will be in federal waters on the Outer Continental Shelf about 12 nautical miles (13.8 miles) south of Long Island, NY and 17 nautical miles (19.6 miles) east of Long Branch, NJ. To ensure transparency, EPA sought and received public comment before the permit was finalized.

“EPA is happy to partner with New York state in leading the way to a clean energy future. When built, this project is expected to generate more than 2,000 megawatts of electrical power for New York State—enough to power as many as a million homes,” said Regional Administrator Lisa F. Garcia. “This project is part of a larger effort by the Biden Administration to invest in America and generate 30 gigawatts of clean, abundant energy from offshore wind by 2030.”

Read the full article at ECO Magazine

Supreme Court denies Alaska’s bid to revive the copper and gold Pebble Mine proposal blocked by EPA

January 9, 2024 — The Supreme Court on Monday rejected Alaska’s bid to revive a proposed copper and gold mine that was blocked by the Environmental Protection Agency.

The justices did not comment in turning away the state’s attempt to sue the Biden administration directly in the high court over its desire to revive the proposed Pebble Mine in the state’s Bristol Bay region.

Read the full article at the Associated Press

EPA to review chemical in car tires known to kill salmon

December 12, 2023 — The ancestral land of the Puyallup tribe, located outside of Tacoma, Washington, is one of America’s most urban reservations.

Their land is crisscrossed by heavy, interstate traffic that has a direct correlation to the dwindling of their most precious resource: salmon.

“All of the pollutants that are discharged along the freeway can end up in this water body, which then flows into Commencement Bay, and this is why it’s a big issue for the tribe, as well as fisheries and fisheries restoration,” said Russ Ladley, the director of fisheries for the tribe.

His team raises and monitors fish populations across the reservation — a resource which its importance is hard to put into words.

For decades, tribal Vice Chair Sylvia Miller says the Puyallup people have watched wild populations of coho and other salmon decrease to a mere percentage of what they have been historically.

“We used to be able to provide for our whole families, for all of our families, be it smoking, canning, and, and providing daily fish to our families, and that’s not so anymore,” said Miller.

Read the full article at KOAA

EPA sides with tribes on petition to regulate toxic tire chemical that kills salmon

November 10, 2023 — In August, three Native tribes — two in Washington, and one in California — petitioned the EPA to regulate the use of 6PPD in tire manufacturing.

6PPD has been in use for decades as a bonding agent to prevent cracking and general wear and tear in tires. When the surface of the tire reacts with ozone or oxygen, it turns into a new compound called 6PPD-Quinone.

“6PPD-Q, which we’ve now discovered, is the second most toxic chemical ever evaluated to aquatic life,” said Elizabeth Forsyth, senior attorney with Earthjustice’s Biodiversity Defense Program, who worked on the petition.

The primary result of exposure is called urban runoff mortality syndrome, which kills up to 100% of coho salmon returning to streams in an urban watershed.

The Port Gamble S’Klallam Tribe, Puyallup Tribe, and Yurok Tribe in California signed onto the petition asking the EPA to regulate the use of 6PPD in tire manufacturing. Proponents hope regulation will push tire manufacturers to develop alternatives to 6PPD. A letter of resolution for support was also signed by a coalition of 57 Northwest tribes.

Read the full article at KUOW

Commercial fishing groups sue 13 US tire makers over rubber preservative that’s deadly to salmon

November 9, 2023 — The 13 largest U.S. tire manufacturers are facing a lawsuit from a pair of California commercial fishing organizations that could force the companies to stop using a chemical added to almost every tire because it kills migrating salmon.

Also found in footwear, synthetic turf and playground equipment, the rubber preservative 6PPD has been used in tires for 60 years. As tires wear, tiny particles of rubber are left behind on roads and parking lots, breaking down into a byproduct, 6PPD-quinone, that is deadly to salmon, steelhead trout and other aquatic wildlife when rains wash it into rivers.

“This is the biggest environmental disaster that the world doesn’t quite know about yet,” said Elizabeth Forsyth, an attorney with the environmental law firm Earthjustice, which is representing the fishing groups. “It’s causing devastating impacts to threatened and endangered species.”

The Institute for Fisheries Resources and the Pacific Coast Federation of Fishermen’s Associations filed the lawsuit in U.S. District Court in San Francisco on Wednesday against Goodyear, Bridgestone, Continental and others.

In an emailed statement, Bridgestone spokesman Steve Kinkade said the company would not comment on the lawsuit, but that it “remains committed to safety, quality and the environment and continues to invest in researching alternative and sustainably sourced materials in our products.”

Read the full article at ABC News