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Maine lobstermen catch big court victory against Biden administration's 'egregious' regulations

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Judge Ginsburg also seemed to call out the agency for historical hypocrisy in its rulemaking: "Only a few years ago, the Service, revisiting its interpretive rules, agreed with commenters that "nothing" in the ESA required it to use ‘a ‘worst-case scenario’ or make unduly conservative modeling assumptions,’ and rejected comments arguing it should give the benefit of the doubt to a species by evaluating ‘effects or activities that were possible even if not likely.'" he said.

Dustin Delano, former vice President of MLA and now chief operation officer of the New England Fishermen’s Stewardship Association (NEFSA), said Friday's court decision is a welcomed moral boost to the fishing industry that he says has been drowning in overreaching regulations.

"Today’s decision is a rare and long-sought victory for lobstermen. Regulators must confront the human cost of their skewed and unjustified approach. NMFS’ rules could have destroyed an iconic trade based on a distorted analysis of data that the law does not justify," Delano said.

"Lobstermen, like all New England fishermen, are formed in an ethic of conservation that long predated federal regulations and the environmental movement. We are deeply sensitive to the marine environment," he added.
 
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