850 F. Supp. 2d 38 - Flaherty v. Bryson’s Empirical Analysis
2012
Citation profile
1 federal appellate · 17 district ·
Relationships
Applies 16 U.S.C. § 1801 (American Fisheries Promotion Act) · 16 U.S.C. § 1802 · 16 U.S.C. § 1851 (Atlantic Striped Bass Conservation Act) · 16 U.S.C. § 1852 · 16 U.S.C. § 1853 · 16 U.S.C. § 1854 (International Fisheries Agreement Clarification Act) · 16 U.S.C. § 1855 · 42 U.S.C. § 4321 (§ 2 of the National Environmental Policy Act of 1969)
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Lujan v. Defenders of Wildlife · Warth v. Seldin · Citizens to Preserve Overton Park, Inc. v. Volpe · Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“on a continuing basis, the optimum yield from each fishery.” 16 U.S.C. § 1851 (a)(1). The guidelines for National Standard 1 also recommend that fishing mortality declines as stock size declines. 50 C.F.R. § 600.310 (f)(4). Under the 2013-2015 Specifications, the fishing mortality rate will increase by 36 percent as the estimated biomass decreases by 36 percent over three years—which Plaintiffs allege is contrary to the guideline recommendations. Pis.’ Mot. at 31. In addition, in 2015, the final year of the Specifications, the overfishing limit and the ABC will be”
2 later decisions quote this exact passage · from the majority“a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis.”
2 later decisions quote this exact passage · from the majority“(1) Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry. (2) Conservation and management shall be based upon the best scientific information available.... (8) Conservation and management measures shall, consistent with the conservation requirements of this chapter (including the preventing of overfishing and rebuilding of overfished stocks), take into account the importance of fishery resources to fishing communities ... in order to (A) provide for the sustained participation of such communities, and (B) to the extent practicable, minimize adverse economic impacts on such communities. (9) Conservation and management measures shall, to the extent practicable, (A) minimize bycatch and (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.