Saving Seafood

Oceana loses court appeal challenging Alaska trawling

August 31, 2026 — Environmental NGO Oceana has lost an appeal of its lawsuit against the National Marine Fisheries Service (NMFS) after the U.S. Court of Appeals for the Ninth Circuit vacated and remanded an earlier decision, instructing the court to dismiss for lack of jurisdiction.

Oceana first sued NMFS in Alaska District Court in 2024, alleging the agency failed to adequately protect the North Pacific seabed from trawl fishing. The lawsuit claimed NMFS wasn’t fulfilling its obligations under the Magnuson-Stevens Act (MSA) and the National Environmental Policy Act (NEPA).

Read the full article at SeafoodSource

DC Circuit upholds FERC approval of Louisiana LNG terminal

August 26, 2026 — A federal appeals court has roundly rejected environmental groups’ challenge to the federal government’s approval of a massive liquefied natural gas export terminal and pipeline in Louisiana.

On Tuesday, the D.C. Circuit Court of Appeals found that the Federal Energy Regulatory Commission complied with federal law when it authorized construction of Venture Global’s CP2 LNG terminal and its associated 91-mile CP Express pipeline in 2025.

“Leaving no stone unturned, [the challengers] improbably allege the Commission committed no fewer than eleven errors under the Natural Gas Act (NGA) and the National Environmental Policy Act (NEPA),” wrote Senior Judge Douglas Ginsburg, a Reagan appointee, in the opinion for the court.

Read the full article at E&E News

Court order could threaten permits for surviving US wind projects

August 19, 2026 — A court decision remanding prior approvals for a wind energy project off New Jersey could pose a new threat to offshore turbine arrays under construction, as the Trump administration presses its relentless campaign against them.

The Aug. 10 decision by U.S. District Court Judge Jia Cobb in the District of Columbia granted a request by the federal Bureau of Ocean Energy Management to reconsider its permitting for  Atlantic Shores, planned as a 2.8 gigawatt project near Long Beach Island, N.J.

Local activist group Save Long Beach Island had sought a remand and reconsideration of the project’s construction and operations plan, approved in October 2024 in the waning days of the Biden administration.

Save LBI contended that BOEM failed to adequately consider the project’s likely effects under the Marine Mammal Protection Act, Endangered Species Act and National Environmental Policy Act, among other federal laws.

Read the full article at WorkBoat

Westerman-Golden Bipartisan SPEED Act draws backing from industry groups

October 28, 2025 — A bipartisan proposal to revise federal environmental review procedures is drawing support from technology companies, trade associations, local officials, and utilities, according to statements released by the House Natural Resources Committee.

H.R. 4776, the Standardizing Permitting and Expediting Economic Development (SPEED) Act, was introduced by Chairman Bruce Westerman (R-Ark.) and Rep. Jared Golden (D-Maine). The measure targets the National Environmental Policy Act (NEPA), a procedural statute that set the framework for assessing environmental impacts of major federal actions and created the Council on Environmental Quality. NEPA’s requirements apply broadly to federally linked activities, including construction of roads, bridges, highways, ports, irrigation systems, forest management projects, transmission lines, energy developments, broadband, and water infrastructure.

NEPA was enacted to ensure that federal agencies consider environmental consequences before taking major actions. Over time, the process has become increasingly complex, extending permitting timelines and increasing costs for public and private projects. Critics of the current system argue that it has evolved into a cumbersome process that special interest groups sometimes use to delay or block infrastructure projects through litigation. The SPEED Act seeks to address those concerns by streamlining review procedures and reducing the frequency of lawsuits while maintaining the requirement that environmental impacts be considered.

Supporters from sectors such as advanced computing and data centers point to power and transmission needs; energy producers and public power entities cite grid reliability and long planning horizons; construction and electrical contractors emphasize predictable schedules; and forestry and logging groups link delays to slower forest management and wildfire risk. Commercial space and conservation-policy organizations also register support, citing modernization and clearer processes.

Commercial fisheries are among the sectors affected by NEPA’s procedural requirements. Fishery management actions under the Magnuson–Stevens Act—such as plan amendments, quota specifications, and implementing regulations—are treated as major federal actions and typically require environmental assessments or impact statements. Standardizing timelines and simplifying documentation could reduce uncertainty in the council and agency decision process without altering the substantive conservation standards that govern federal fisheries.

Litigation is another recurring factor in fishery management. NEPA claims are often filed alongside Magnuson–Stevens Act claims when stakeholders challenge plan amendments or annual specifications. Even when agencies prevail, litigation risk can slow implementation and absorb staff resources. The SPEED Act’s provisions to clarify what constitutes a “major federal action,” set limits on judicial review periods, and streamline documentation are presented by supporters as measures that could help agencies move science-based fishery decisions to implementation more predictably.

 The SPEED Act would update NEPA by: 

– Shortening review timelines and reducing litigation frequency.

– Simplifying analyses required in NEPA documents to lessen agency workload.

– Clarifying when NEPA applies by refining the definition of “major federal action.”

– Setting judicial review limits for NEPA claims, including a 150-day filing deadline, a new standard of review, and constraints on procedural maneuvers that can halt projects.

Organizations listed as supporters include Google; OpenAI; the AI Supply Chain Alliance; the American Forest Resource Council; Associated General Contractors of America; Associated Oregon Loggers; the Commercial Space Federation; ConservAmerica; the Huerfano County (Colo.) Board of County Commissioners; the Louisiana Mid-Continent Oil & Gas Association; Minnesota Forest Industries; Missouri River Energy Services (which also backs a related bill, H.R. 4503); the National Electrical Contractors Association and several of its regional chapters; and the Utah Rural Electric Cooperative Association.

Press release: https://naturalresources.house.gov/news/email/show.aspx?ID=BB6YBW3BL6RVCAERSA4FZWNLFQ

Gulf of Maine may be impacted by Trump’s offshore oil and gas drilling expansion

May 8, 2025 — As part of the Trump’s administration’s effort to expand fossil fuel production in the United States, the Department of the Interior announced recently that it would accelerate the permitting process for a range of energy sources and seek new oil and gas lease sales in offshore waters, including in the Gulf of Maine.

Secretary of the Interior Doug Burgum said the permitting changes — which speed up review under the National Environmental Policy and Endangered Species Acts, among others — would cut what is often a multi-year review process down to several weeks.

Environmental groups and Maine lawmakers decried the moves while oil and gas industry representatives celebrated them. Days later, a group of New England Senators, including Sens. Susan Collins and Angus King, introduced legislation to ban offshore drilling in waters throughout New England.

“The waters off Maine’s coast provide a healthy ecosystem for our fisheries and are an integral part of our tourism industry, supporting thousands of jobs and generating billions of dollars in revenue each year,” said Collins in a statement. “Offshore drilling along the coast could impact Mainers of all walks of life for generations.”

Read the full story at the Boston Globe

Federal judge denies tribal claims in suit against federal fisheries managers

March 19, 2025 — A federal district court judge has denied a claim made by two regional tribal consortiums in Western Alaska that fisheries management in the Bering Sea violated environmental law.

United States District Court Judge Sharon Gleason denied the claims made by the Association of Village Council Presidents (AVCP) and Tanana Chiefs Conference (TCC) in a judgement on March 11.

The Association of Village Council Presidents – the regional tribal consortium for the Yukon-Kuskokwim Delta – and the Tanana Chiefs Conference – the regional tribal consortium for much of western Interior Alaska – had sued the National Marine Fisheries Service, which manages fisheries in the federal waters outside of Alaska. Two fisheries trade organizations with ties to the pollock industry – the At-Sea Processors Association and United Catcher Boats – joined in defense of federal fisheries managers.

The tribal organizations, along with the City of Bethel, claimed that recent groundfish harvest management in the Bering Sea wasn’t properly taking into account major changes to the ocean ecosystem, including fisheries collapses on the Yukon and Kuskokwim rivers, and thus violated federal law under the National Environmental Policy Act (NEPA).

Read the full article at KYUK

Ninth Circuit unsure of court’s efficacy in Alaska killer whale conservation case

July 19, 2024 — The Ninth Circuit Court of Appeals is weighing how effective its opinion will be in a lawsuit over how Chinook salmon fishing affects Southern Resident killer whales — and judges on Thursday wondered whether the effort would be rendered moot by a pending government agency action.

The Wild Fish Conservancy sued the National Marine Fisheries Service in 2020, accusing the agency of violating the Endangered Species Act and the National Environmental Policy Act in its 2019 Southeast Alaska Biological Opinion and incidental take statement by bypassing public notice and opportunity to comment on the actions.

Alaska and the Alaska Trollers Association, a representative of the commercial fishing industry in the state, intervened as codefendants.

Chinook salmon are the primary food source for Southern Resident killer whales, which were placed on the endangered species list in 2005.

U.S. District Judge Richard Jones remanded the biological opinion and vacated the portions of it that authorized commercial harvest of Chinook salmon during winter and summer seasons. The ruling would have prevented Southeast Alaskan trollers from fishing for Chinook salmon, but the Ninth Circuit issued a stay, allowing commercial fisheries to continue harvest while the parties appealed.

Read the full article at Courthouse News Service

NMFS announces draft EIS available for deep-set buoy gear authorization, Amendment 6 to the HMS FMP

August 23, 2021 — The following was released by the Pacific Fishery Management Council:

NOAA Fisheries announces the release of a draft environmental impact statement (EIS), in accordance with the National Environmental Policy Act (NEPA) of 1969, which includes an analysis of the potential short- and long-term impacts of the proposed action to authorize fishing with deep-set buoy gear (DSBG) in federal waters off the U.S. West Coast, on the human (biological, physical, social, and economic) environment.

Please see the public notice on the Council’s website for a link to the Draft EIS and additional details.

For further information, please contact:

  • NOAA Fisheries:  Amber Rhodes at (562) 477-8342, Amber.Rhodes@noaa.gov
  • Pacific Council staff officer Dr. Kit Dahl at 503-820-2422; toll-free 1-866-806-7204.

D.C. Circuit Affirms that Offshore Wind Lease Does Not Trigger NEPA Review

June 4, 2021 — The Bureau of Ocean Energy Management (BOEM) does not need to conduct full environmental reviews under the National Environmental Policy Act (NEPA) when granting an offshore wind farm lease, the D.C. Circuit Court of Appeals has affirmed. The decision followed a lawsuit by commercial fishing organizations and seaside municipalities who claimed that BOEM violated NEPA and the Outer Continental Shelf Lands Act (OCSLA) when it auctioned an offshore lease to Equinor (formerly Statoil) without performing an environmental review of the anticipated windfarm project. The decision puts to rest the question of whether a mere lease sale may trigger extensive environmental review under NEPA, potentially streamlining the initial lease acquisition process, but also requiring the investment of significant funds before developers have cleared environmental review.

In Fisheries Survival Fund, et al. v. Sally Jewell, et al.,1 plaintiffs challenged BOEM’s issuance of the lease, arguing that it violated NEPA because it failed to analyze the environmental impacts of constructing and operating a wind energy facility. Leases for offshore energy projects proceed under different processes depending on whether BOEM or the developer proposes an area for lease. Either way, BOEM must consult with state task forces, other state and local representatives, and with representatives of Indian Tribes whose interests may be affected. Before issuing a lease, BOEM follows a four-step process, issuing a Call for Information and Nominations, completing the Area Identification process, publishing a Proposed Sale Notice, and publishing a Final Sale Notice.

Here, BOEM published an environmental assessment at the same time it published the Proposed Sale Notice for the wind energy lease at issue. The environmental assessment found that the reasonably foreseeable impacts of the lease sale would not significantly impact the environment. Plaintiffs argued that that more extensive environmental review was required, not just of the lease itself but of the full impacts of the anticipated wind farm, alleging that BOEM violated NEPA by failing to perform this more extensive review. BOEM maintained throughout the litigation that additional analysis and environmental review under NEPA was not required until Equinor conducted a site assessment and proposed a construction and operations plan for the wind energy facility.

Read the full story at The National Law Review

Nation’s Fishery Councils Recommend Ways to Support American Seafood, Improve Coordination with NMFS

September 30, 2020 — An executive order, changes to National Environmental Policy Act measures, guidance related to overfishing and a National Seafood Council were among several issues fishery leaders from around the country discussed last week. The biannual meeting of the Council Coordination Committee was held virtually, but hosted by Western Pacific Regional Fishery Management Council.

Leaders from all eight regional councils had the opportunity to talk with National Marine Fisheries Service managers during the open public meeting.

Read the full story at Seafood News