Saving Seafood

Dept. of Justice Tells Court BOEM Will Review Atlantic Shores COP Approval

October 2, 2025 — The Department of Justice told a federal district court that it plans to review and likely change the approval of the Construction and Operation Plan for New Jersey’s Atlantic Shores South offshore wind farm. While the project has largely been abandoned for months, the move is symbolic because it was where candidate Donald Trump, during a 2024 campaign stop, vowed to bring an end to the offshore wind energy sector.

The filing, which was made on September 27, is similar to others the Department of Justice has made as part of pending lawsuits against wind farm projects from Massachusetts to Maryland. In each of the cases, DOJ has asked the court to stay the pending litigation brought by local activist groups, saying it was “potentially needless or wasteful litigation.” The Department of the Interior and its Bureau of Ocean Energy Management are involved in the cases as the local opposition repeatedly challenges the approvals given to the projects.

The Atlantic Shores South project, which would consist of two large offshore wind farms, received its final approval from BOEM in October 2024 for a project that would have been off the southern New Jersey coast. It called for 197 turbines that would have been at least 8.7 miles from Long Beach Island as part of a project to provide 2.8 GW of energy to the state.

Read the full article at The Maritime Executive

Trump administration seeks to revoke SouthCoast Wind approval

September 23, 2025 — The U.S. Department of Justice filed a motion in federal court to revoke federal approval for the SouthCoast Wind project off Massachusetts. Striking at the planned array of 141 turbines is the latest move by the Trump administration to stamp out surviving renewable energy projects approved during the Biden presidency.

The project with a planned 2.4 gigawatt nameplate rating took four years to complete the permitting process and “could now arbitrarily lose approval for its construction and operations plan,” advocates with the BlueGreen Alliance said. “This is the last major federal permit wind projects need before putting turbines into the water and was awarded to SouthCoast Wind after years of careful review.”

The Sept. 18 court maneuver targeting SouthCoast Wind came on the heels of the Trump administration seeking to revoke permits for the US Wind project off Ocean City, Md. SouthCoast was one of the last acts in the Biden administration’s push to move offshore wind projects forward. Its final permit was issued Jan. 17, three days before Trump’s inauguration and his directive that same day to suspended further action on wind power projects.

Read the full article at the National Fisherman

US Department of Justice indicts Florida seafood company over alleged price-fixing

September 12, 2025 — The U.S. Department of Justice recently filed an indictment accusing multiple individuals at five different seafood companies of price-fixing and antitrust actions.

The indictment, filed in the U.S. District Court for the Southern District of Florida alleges Dennis Dopico, the vice president of unnamed “Company 1” with headquarters in Miami, Florida, and co-conspirators at four other unnamed companies joined in a price-fixing conspiracy against fishermen harvesting stone crab and spiny lobsters in Florida.

Read the full article at SeafoodSource

Energy cases to watch in 2024

January 3, 2024 — Energy regulators’ power to address planet-warming emissions is in the crosshairs in federal courts in 2024.

In one of the year’s biggest cases, the Supreme Court could rein in the Federal Energy Regulatory Commission’s ability to use 50-year-old laws to take bold action on emerging problems like climate change.

At issue in Loper Bright Enterprises v. Raimondo — a high-profile legal battle that will ripple through all federal agencies — is whether the justices should overturn the Chevron doctrine, which for 40 years has given regulators at FERC and elsewhere the benefit of the doubt in lawsuits over their rules.

Read the full article at E&E News

Feds won’t challenge pro-lobster court decision

September 11, 2023 — Lawyers from the U.S. Department of Justice have chosen not to appeal the latest court ruling in a legal battle that has pitted North Atlantic right whales against the Maine lobster industry. As a result of the case—Maine Lobstermen’s Association v. National Marine Fisheries Service, et al.—and a regulatory pause put in place by Congress, the government must now wait until the end of 2028 to implement a new set of rules to protect right whales under the Endangered Species Act and the Marine Mammals Protection Act.

The DOJ, which represented federal fisheries managers, had until August 30 to challenge a June 16 appellate court’s decision.

“It’s my understanding that the Department of Justice will not be appealing the June decision in the MLA case,” Maine Marine Resources Commissioner Patrick Keliher said in an email responding to an August 31 inquiry from this newspaper. “It’s good to know that we can now focus on the important work ahead, which includes developing and implementing a robust right whale monitoring program and alternative gear testing that can inform much more targeted and effective regulations during the next phase of rulemaking, scheduled for 2028.”

“The Maine Lobstermen’s Association’s uncontested victory at the Appeals Court puts an end to the federal government’s abuse of power and misapplication of the law in its regulation of the lobster fishery’s impact on right whales,” agreed Patrice McCarron, policy director for the MLA. “The MLA is encouraged that the federal government has accepted the court’s decision and can begin the important work of developing a new Whale Rule and Biological Opinion that are not based on worst-case scenarios and pessimistic assumptions.”

Neither the National Marine Fisheries Service nor the Conservation Law Foundation, which sided with the agency, responded to repeated requests for interviews prior to deadline.

Background

A year ago, on September 8, 2022, U.S. Chief District Judge James E. Boasberg issued a ruling that would have drastically restricted lobstering and related fisheries in order to reduce mortality risks to North Atlantic right whales. Citing figures from the NMFS’s “biological opinion” that put the right whale population at 350 or less, and estimates about the number of whales that were being entangled in U.S. based fishing gear, Boasberg essentially ordered the end of rope fishing in six months, in order to reduce the current minimal risk of entanglement by an additional 90 percent. The new goal set a standard that sought almost no risk of gear entanglement in the Gulf of Maine.

Read the full article at Penobscot Bay Press

Mowi: US DOJ has dropped price-fixing investigation

January 18, 2023 — The U.S. Department of Justice has dropped its investigation of Mowi’s involvement in alleged price-fixing in Norway’s farmed Atlantic salmon market, according to the Bergen, Norway-based company.

“Mowi has been informed by the Antitrust Division of the Department of Justice in the U.S.A. that they have no longer an open investigation into Mowi,” the company said in a 18 January statement. “Mowi has all along been adamant that the price collusion allegations have clearly lacked merit and are entirely unsubstantiated.”

Read the full article at SeafoodSource

Appeals court hears Chris Lischewski’s claim of judicial error

June 17, 2021 — Former Bumble Bee Foods President and CEO Chris Lischewski formally appealed his conviction for leading a tuna price-fixing conspiracy in front of a three-judge panel on Wednesday, 16 June.

Lischewski’s appeal is centered around an argument that District Court Judge Edward M. Chen, who oversaw the case, gave incorrect instructions to the jury. In Wednesday’s hearing, Lischewski’s lawyer, John D. Cline, called the jury instructions given by Chen erroneous and confusing, which could have made the difference in what he called a “very close case.”

Read the full story at Seafood Source

Department of Justice serves subpoenas to Pebble mine developer and former chief executive

February 8, 2021 — The U.S. Department of Justice has issued a grand jury subpoena to the developer of the controversial proposed Pebble mine and the company’s former chief executive as part of an investigation involving already-disclosed private conversations about the project, according to a statement from the project’s parent company.

The Pebble Limited Partnership and its former CEO, Tom Collier, have each been served with a subpoena issued by the U.S. Attorney’s Office for the District of Alaska, according to an online statement from Northern Dynasty Minerals, Pebble’s parent company on Friday.

The company and Collier must “produce documents in connection with a grand jury investigation apparently involving previously disclosed recordings of private conversations regarding the Pebble Project,” the statement said.

Read the full story at the Anchorage Daily News

FCF swoops in for Bumble Bee as it files for bankruptcy

November 22, 2019 — Taiwan-based Fong Chun Formosa (FCF) Fishery Company has entered into an asset purchase agreement with Bumble Bee Foods, which filed for chapter 11 bankruptcy in the U.S. state of Delaware.

The 25-page filing, made on 21 November, includes more detail about FCF’s stalking-horse bid for the company, which was first reported by Bloomberg to be around USD 925 million (EUR 836 million).

Read the full story at Seafood Source

As the guilty pleas pile up in tuna case, will consumers ever get anything back?

November 6, 2018 — First, Chicken of the Sea came forward as a whistleblower. Last year, Bumble Bee Foods pleaded guilty, followed by StarKist Co. in October.

The big three tuna companies — familiar names on the shelves of your nearest grocery store — have been under investigation by the U.S. Department of Justice for keeping the price of canned and pouched tuna artificially high.

It’s a high-level antitrust case involving lots of big companies, but it’s also the kind of case that reaches all the way down to the grocery store checkout and family budgets.

Thomas Burt, an attorney with the law firm Wolf Haldenstein Adler Freeman & Herz, said with consumer cases like this, “Psychologically, these hit home in a way that others don’t.”

“If a group of companies fix the price of basic industrial chemicals or computer chips that we use in the devices around us, the psychological distance is further. We don’t feel it as directly,” Mr. Burt said. “This is a product that people have a relationship with. They know this brand. They’ve eaten it since they were kids.

“It’s a kick in the pants for consumers,” he said.

It remains to be seen if consumers will be directly compensated in some way, and, if so, how.

The packaged seafood market, which also includes salmon, shrimp, clams and the like, is a multibillion-dollar industry in the United States. Tuna represents about 73 percent of the market and generates about $1.7 billion in annual sales, according to court documents.

Read the full story at The Pittsburgh Post-Gazette