Saving Seafood

Fishing industry asks Supreme Court to hear case against Vineyard Wind

March 12, 2025 –A national fishing industry group and conservative think tank have petitioned the U.S. Supreme Court to take up their lawsuits challenging the approval of the Vineyard Wind project, which has been under construction since 2023.

The lobbying group, Responsible Offshore Development Alliance (RODA), sued the lead government regulator of offshore wind in early 2022, alleging the agency violated several acts, including those to protect existing ocean users and endangered species.

At the crux of RODA’s appeal to the Supreme Court is the language of the Outer Continental Shelf Lands Act, and particularly, how the federal government interpreted it.

The Texas Public Policy Foundation (TPPF), which represents fishermen and a fishing company in Rhode Island in another lawsuit, is similarly arguing the federal government did not correctly interpret statutes in its approval of the Vineyard Wind project.

RODA has long argued that offshore wind farms will interfere with fishermen’s ability to catch fish, reduce vessel safety at sea, and potentially harm the viability of commercial fisheries.

But RODA lost its case twice: first, in 2023 in the U.S. District Court of Massachusetts, where a judge sided with the project and regulators; and second, in 2024 in the First Circuit U.S. Court of Appeals, where the judge upheld the lower court’s decision.

The Texas Public Policy Foundation also had its case dismissed by the lower courts.

RODA says the Interior Department during the first Trump administration correctly interpreted statutory language, requiring that the Interior Secretary “shall ensure” approved activities, including offshore wind projects, are consistent with a requirement to prevent interference with “reasonable uses” on the outer continental shelf, including the use of a “seabed for a fishery.”

Read the full article at the The New Bedford Light

RODA asks Supreme Court to hear Vineyard Wind case

March 11, 2025 — Commercial fishing industry advocates appealed to the U.S. Supreme Court to hear their challenge of federal permits that authorized the ongoing Vineyard Wind 1 project off southern New England.

The first approved commercial-scale wind energy project in federal waters, the Vineyard Wind federal “approval sets the precedent for all future U.S. offshore wind development,” said the Responsible Offshore Development Alliance, a coalition of fishing groups and communities.

The case was brought March 10 on behalf of fishermen by the Texas Public Policy Foundation, a conservative legal advocacy group. It asks the high court to reverse a federal appeals court decision that upheld federal permits for the 804-megawatt Vineyard Wind project.

Read the full article at the National Fisherman

Striped bass restrictions head to Supreme Court

March 11, 2025 — A coalition of Maryland fishing associations and charter boat operators have escalated their legal battle against new striped bass fishing restrictions, filing an emergency petition with the U.S. Supreme Court seeking to block the regulations.

Capt. Robert Newberry, chairman of Delmarva Fisheries Association stated, “We will take this case to the highest court until this matter is resolved — it is far from over.”

The Delmarva Fisheries Association and the Maryland Charter Boat Association, along with two individual commercial fishermen, argue that the Atlantic States Marine Fisheries Commission’s recent measures impose “drastic, unwarranted, and illegal limitations” on striped bass fishing in the Chesapeake Bay and along the Atlantic coast. The petition, filed March 4, claims the restrictions violate the U.S. Constitution and could jeopardize the livelihoods of many small businesses.

Read the full article at Southern Maryland News

RODA petitions US Supreme Court to review its case against Vineyard Wind

March 11, 2025 — The Responsible Offshore Development Alliance (RODA) has appealed its case against the Vineyard Wind offshore wind project to the Supreme Court of the United States.

RODA, a lobbying group representing commercial fishermen, first filed a lawsuit against in 2022 in objection to federal approvals of the wind energy project. The 800-megawatt project, located in an area off the coast of the U.S. state of Massachusetts, is planned to take up as much as 75,000 acres.

Read the full article at SeafoodSource

Supreme Court Declines To Hear Challenge Of Vineyard Wind

January 13, 2025 — The U.S. Supreme Court has declined to hear the challenge of Vineyard Wind brought by the Nantucket-based nonprofit ACK For Whales, effectively ending the group’s legal effort to stop or delay the wind farm under construction southwest of the island.

The effort to bring its case to the nation’s highest court was a long shot – as the U.S. Supreme Court accepts only 2 percent of the 7,000 cases brought to it each year – and on Monday the court informed ACK For Whales that it had declined to hear its petition for certiorari.

ACK For Whales had alleged that the federal agencies that permitted the Vineyard Wind project violated the Endangered Species Act by concluding that the project’s construction likely would not jeopardize the critically endangered North Atlantic right whale. The group also asserted that the Bureau of Ocean Energy Management had violated the National Environmental Policy Act by relying on a “flawed analysis” from the National Marine Fisheries Service.

Two lower courts had previously dismissed the case, and the U.S. Supreme Court’s decision on Monday brings ACK For Whales’ legal challenge of the Vineyard Wind project to an end.

Read the full article at the Nantucket Current

Court open to upholding US fishing monitor rule even without ‘Chevron’ doctrine

November 5, 2024 — A U.S. appeals court on Monday appeared open to upholding a federal rule requiring commercial fishermen to fund a program to monitor for overfishing of herring off New England’s coast even after the U.S. Supreme Court in that same case issued a landmark ruling curbing agencies’ regulatory power.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, during oral arguments, weighed the impact of the U.S. Supreme Court’s June decision to scrap a 40-year-old legal doctrine that had required courts to defer to agencies’ interpretations of ambiguous laws they administer.

The 6-3 conservative majority U.S. Supreme Court nixed the doctrine, known as “Chevron deference,” after taking up an appeal by several commercial fishing companies of the D.C. Circuit panel’s 2-1 ruling in August 2022 that had relied on the doctrine to uphold the fishing rule.

The justices sent the case back to the D.C. Circuit to reassess the rule’s validity post-Chevron using their own judgment and for further arguments by the fishing companies, led by New Jersey-based Loper Bright Enterprises.

Read the full article at Reuters

Nantucket Group Takes Challenge Of Vineyard Wind To U.S. Supreme Court

September 26, 2024 — Three years after the Nantucket-based group ACK For Whales first sued to stop the Vineyard Wind project, its legal challenge of the offshore wind project is headed to the U.S. Supreme Court.

After its arguments were rejected by lower courts, ACK For Whales on Monday formally petitioned the U.S. Supreme Court to take up the case.

The petition asserts that the U.S. 1st Circuit Court of Appeals wrongly allowed the National Marine Fisheries Service (NMFS) to ignore the Endangered Species Act’s (ESA) requirement to use “the best available scientific and commercial data available” when it ruled in April against ACK For Whales’ challenge of Vineyard Wind.

“I have hope,” said Val Oliver, the founding director of the non-profit ACK For Whales, formerly known as Nantucket Residents Against Turbines. “In light of the recent Chevron decision, we think we have a really good chance. That was about government overreach and that is what this (Vineyard Wind) has felt like since the beginning: go, go, go, and we’ll figure it out as we go. That’s just not responsible.”

Read the full article at Nantucket Current

Fishermen look to kill NOAA at-sea monitoring rule following Supreme Court victory

September 9, 2024 — Following their Chevron deference victory at the U.S. Supreme Court earlier this year, commercial fishermen are seeking to finally kill a NOAA Fisheries rule requiring them to pay for at-sea monitors out of pocket.

The legal battle stems from a 2020 NOAA Fisheries requirement forcing some commercial fishermen to pay for at-sea monitors out of pocket, with costs rising higher than USD 700 (EUR 640) per day. The fishermen sued but were quickly stymied by the courts’ use of the Chevron deference, a 40-year-old legal precedent that instructs judges to defer to federal agencies – in this case NOAA Fisheries – in interpreting Congressional statutes.

Read the full article at SeafoodSource

Op-ed: How to rebalance responsible fisheries management post-Chevron

August 7, 2024 — Sam Grimley has served as the executive director of environmental nonprofit Sea Pact since 2022. Alexandra Golub is the sustainability manager at New York City-headquartered Acme Smoked Fish.

In June, the U.S. Supreme Court ruled in favor of New England herring harvesters who believed they were unfairly forced to bear the financial burden of independent at-sea monitors hired to observe their fishing operations.

Read the full article at SeafoodSource