Natural Resources Defense Council, Inc. v. National Marine Fisheries Service

Appellee National Marine Fisheries Service (“the Agency”) set 2002 fishing limits for four species of Pacific groundfish that are commonly sold as “red snapper.” Appellant Natural Resources Defense Council (“NRDC”), an environmental organization, brought suit in federal district court challenging the four limits as violating the Magnuson-Stevens Fishery Conservation and Management Act (“the Magnuson Act” or “the Act”), 16 U.S.C. §§ 1801 et seq., which directs that the Agency prevent overfishing; the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 501 et seq., which directs agencies to consider relevant factors in setting such limits; and the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321 et seq., which directs agencies to prepare adequate environmental analyses when undertaking such actions. The district court granted summary judgment to the Agency and intervenor-appel-lees Fishermen’s Marketing Association and West Coast Seafood Processors Association (“Intervenors”). Because we conclude that the 2002 darkblotched rockfish limit was based on an impermissible construction of the Act, we reverse and remand; we affirm the limits as to the other three species.

I.…