From CFACT

By Gabriella Hoffman 

“The National Marine Fisheries Service licenses fisheries in federal waters. In doing so, the Service must comply with the Endangered Species Act (ESA). That Act requires the Service to prepare an “opinion,” commonly known as a biological opinion, “detailing how the [fishery] affects” any endangered or threatened species. 16 U.S.C. § 1536(b)(3)(A). Using “the best scientific and commercial data available,” the Service’s opinion must determine whether the federal fishery is “not likely” to jeopardize the survival of a protected species. Id. § 1536(a)(2). In this case, we decide whether, in a biological opinion, the Service must, or even may, when faced with uncertainty, give the “benefit of the doubt” to an endangered species by relying upon worst-case scenarios or pessimistic assumptions. We hold it may not. The ESA and the implementing regulations call for an empirical judgment about what is “likely.” The Service’s role as an expert is undermined, not furthered, when it distorts that scientific judgment by indulging in worst-case scenarios and pessimistic assumptions to benefit a favored side.” — Justice Ginsburg, D.C. Circuit Court of Appeals

In Episode 368 of District of Conservation, Gabriella recaps POMA Business Conference and discusses Maine lobstermen successfully suing the Commerce Department and why BLM’s Conservation Landscape and Health Rule isn’t true conservation.

SHOW NOTES

In Episode 368 of District of Conservation, Gabriella recaps POMA Business Conference and discusses Maine lobstermen successfully suing the Commerce Department and why BLM’s Conservation Landscape and Health Rule isn’t true conservation.

SHOW NOTES

Substack: POMA Conference & Thank You for Helping the Housers

Maine Lobstermen Association vs NMFS Ruling

News on 6: PROFESSIONAL OUTDOOR MEDIA ASSOCIATION HOSTS ANNUAL BUSINESS CONFERENCE IN GREEN COUNTRY

⁠Portland Herald Press: Federal ruling in controversial whale lawsuit gives big win to Maine lobster industry⁠

Fox News: Maine lobstermen catch big court victory against Biden administration’s ‘egregious’ regulations

D.C. Circuit Court Decision – Ryan Maue Tweet

Public Lands Rule Fact Sheet

BLM: Conservation and Landscape Health

Barrasso: Proposed BLM Rule Would be a Clear Violation of the Law

Author

• Gabriella Hoffman
• Gabriella Hoffman is a Media Strategist and Award-Winning Outdoor Writer.
• She hosts the “District of Conservation” podcast and CFACT’s original YouTube series “Conservation Nation.”
• Learn more about her work at http://www.gabriellahoffman.com