North Carolina Coastal Fisheries Reform Group v. Capt. Gaston LLC

76 F.4th 291 (4th Cir. 2022)

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Holding & Decision

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Nature Of The Case

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Facts

Shrimpers harvest shrimp by dragging trawl nets along the ocean's floor. The nets also stir up sediment, which later resettles on the ocean floor. They also inadvertently snare other fish and marine organisms. These other fish and marine organisms are known as 'bycatch.' Trawlers throw the bycatch overboard, returning it to the ocean. Ds are shrimpers. Ps seeks to change or limit the way Ds discard bycatch and disturb sediment. Ps sued Ds under the Clean Water Act's citizen-suit provision, alleging that these shrimpers are violating the Act and must obtain Clean Water Act permits-on top of the fishing permits already required-to engage in commercial shrimping. The district court held that the Act does not regulate bycatch and disturbing sediment with trawl nets. Ps appealed.

Issues

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Rule Of Law

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Legal Analysis

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