Anglers Conservation Network v. Pritzker

<> Anglers Conservation Network v. Pritzker - 1/5/16. In the U.S Court of Appeals, D.C. Circuit, Case No. 14-5304. Plaintiffs brought this lawsuit claiming that federal agencies unlawfully neglected to manage stocks of river herring (alewives and blueback herring), and shad (American shad and their smaller relatives, hickory shad) in the Atlantic Ocean from New York to North Carolina.      The district court granted the government's motion to dismiss the complaint on the ground that there was no basis for judicial review of the Fishery Council's decision. The Panel ruled, "In short, plaintiffs' claims are not subject to judicial review under the Magnuson-Stevens Act or the Administrative Procedure Act. The judgment of the district court is therefore affirmed."

 

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Larry Askins v. Ohio Department of Agriculture

<> Larry Askins v. Ohio Department of Agriculture - 1/6/16. In the U.S. Court of Appeals, Sixth Circuit, Case No. 15-3147. Plaintiffs-Appellants Larry and Vickie Askins filed a citizen suit alleging that Defendants-Appellees U.S. EPA, Ohio Environmental Protection Agency, and Ohio Department of Agriculture (collectively, "Defendants") violated the Clean Water Act's agency permitting procedures regarding discharges from animal feeding operations. The district court held that the Clean Water Act does not permit suits against regulators for regulatory functions and dismissed for lack of subject-matter jurisdiction. The Panel affirmed.

 

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