Courtroom Setback for the Climatistas?

June 16, 2023 by Steven Hayward in Climate, Environment, Judiciary

 There are a number of lawsuits in various states of play around the country with plaintiffs, typically kids fronting for environmental groups, demanding that a judge issue an injunction to curtail fossil fuels (or find energy companies liable for climate change damages), but a parallel case hit the wall at the DC Circuit Court of Appeals today.

In Maine Lobstermen’s Association v. National Marine Fisheries Service (NMFS), the court reviewed a proposed scheme of the NMFS to step up regulation of the lobster fishing industry under the authority of the Endangered Species Act in the northeast because lobster fishing was thought to be a growing threat to right whales.

But the NMFS was not able to attribute many deaths of right whales directly to lobster or crab fishing (maybe they should have a look at offshore wind power installations, except those are sacred as we know), and instead rested their case for increased regulation on extreme projections of possible future harms. The likelihood is that large areas of lobster habitat would be simply closed off to the lobster fishing industry (and yet likely remain available for wind power, of course).

And it is just here that the DC Circuit Court said No, by a 3 – 0 vote. It found the regulation to be both “arbitrary and capricious,” and not entitled to Chevron deference:...............To Read More.....