Saving Seafood

California sues Clearwater, PAFCO, others over lack of cadmium, lead warnings

January 6, 2021 — The U.S. state of California has sued five seafood companies, including Clearwater Seafoods and Pacific American Fish Company (PAFCO), accusing them of failing to properly label their products as containing lead and cadmium.

California Attorney General Xavier Becerra filed a lawsuit on 29 December alleging violations of the state’s Proposition 65 and Unfair Competition Law. The suit claims Halifax, Nova Scotia, Canada-based Clearwater Seafoods; Vernon, California-based PAFCO; Hanover, Maryland-based Rhee Bros. Inc.; City of Industry, California-based Seaquest Seafood Corporation; and Paramount, California-based Jayone Foods Inc. “knowingly and intentionally sold products that exposed California consumers to lead or cadmium without providing a clear and reasonable warning that the products contained these toxic chemicals.”

Read the full story at Seafood Source

California Sues Trump Administration Over Alleged Failure to Protect Species

February 21, 2020 — California is suing the administration of President Donald Trump for what it calls the administration’s failure to protect endangered species in the Sacramento and San Joaquin rivers.

California Attorney General Xavier Becerra, the California Natural Resources Agency, and the California Environmental Protection Agency filed the lawsuit on Thursday against the Trump administration in the U.S. District Court for the Northern District of California.

The attorney general said the Trump administration was adopting “scientifically challenged biological opinions that push species to extinction” and harm natural resources and waterways.

The lawsuit stressed the Trump administration’s alleged failure to protect endangered fish species from federal water export operations.

In October, the Trump administration announced a plan to divert water to California farmers, fulfilling a campaign promise made by the president.

Read the full story from Reuters at the New York Times

Court Battle Underway Over Revamped Endangered Species Rules

October 8, 2019 — A major fight is shaping up in federal court over the Trump administration’s recently issued rules that rewrite how the government implements the Endangered Species Act.

The battle was broadened on Sept. 25 when attorneys general from 17 states, the District of Columbia and New York City filed a challenge to the regulations in U.S. District Court in San Francisco.

In their lawsuit, the plaintiffs, led by California Attorney General Xavier Becerra, contend that the set of three new final rules—published in the Federal Register on Aug. 27 by the U.S. Fish and Wildlife Service and National Marine Fisheries Service— “fundamentally undermine and contradict” Endangered Species Act requirements.

Two of the regulations took effect on Sept. 26. The effective date for the third, which aims to expedite “interagency cooperation”  procedures in listing species as endangered, was extended to Oct. 28.  [View 8/12/19 ENR story on regulations here.]

Among other changes, the rules set a stricter definition of “critical habitat” needed for an endangered species to survive; end a practice of giving threatened species the same protections as endangered species; allow economic factors to be aired—though not as a decisive factor—when agencies determine whether to list a species as endangered.

Read the full story at The Engineering-News Record

Florida Is Exempted From Coastal Drilling. Other States Ask, ‘Why Not Us?’

January 11, 2018 — WASHINGTON — At 5:20 on Tuesday evening, Interior Secretary Ryan Zinke tweeted a photo of himself at the Tallahassee airport with Gov. Rick Scott of Florida, announcing that he had decided, after meeting with Governor Scott, to exempt the state from a new Trump administration plan to open up most of the nation’s coastline to offshore oil drilling.

It was a sudden and unexpected change to a plan that President Trump had celebrated just five days before, and it took lawmakers and governors from both parties by surprise. It also gave Governor Scott, a Republican who is widely expected to run for the Senate this year, a clear political boost in that race. Florida lawmakers of both parties have long opposed offshore drilling, especially after the 2010 Gulf of Mexico oil spill sent tarballs to the shores of a state where the economy relies heavily on tourism. Mr. Zinke’s sudden flip-flop on Florida drilling allows Governor Scott to tout the decision as evidence of his influence with the White House.

Mr. Trump’s critics say the move highlights the president’s willingness to blatantly use the nation’s public lands and waters as political bargaining chips.

It also appears to illustrate the clumsiness with which the Trump administration drafts federal policies. By publicly putting forth the comprehensive new coastal drilling plan and then abruptly announcing a major change to it less than a week later, with little evident public or scientific review, the Interior Department appears to have opened itself to a wave of legal challenges.

Within hours of Mr. Zinke’s tweet, governors in other coastal states began demanding their own drilling exemptions.

Read the full story at the New York Times