Two pending cases could result in big cuts to agency powers
Three weeks from today, the Supreme Court starts its 2023 Term. There are two blockbuster cases on the docket. In one case, the issue is whether to overrule the Chevron case, which has been foundational to administrative law for the past four decades. In the other, the issue is agency power to sanction violations of …CONTINUE READING
An Antiquities Act edition of “can he do that”?
On June 5, President Trump issued a “Proclamation on Modifying The Northeast Canyons And Seamounts Marine National Monument.” This Proclamation follows a court defeat for opponents of the National Monument — the DC Circuit last year dismissed a claim by commercial fishing interests that the National Monument was unlawfully designated. Trump’s Proclamation purports to modify …CONTINUE READING
Three years ago, Boris Worm at Dalhousie University was the lead author on a study published in Science magazine that predicted the total collapse of global fisheries by the middle of this century under a business as usual scenario. That study drew a lot of media attention, but also criticism from other fisheries experts. Now …CONTINUE READING
According to Science Insider (subscription required), NOAA Administrator Jane Lubchenco has endorsed broader use of a “catch shares” approach to allocating the available catch in commercial fisheries. The shares strategy (also referred to as “individual transferable quotas” or “limited access privileges”) gives individual participants in the fishery a permanent and transferable right to a set …CONTINUE READING