Louisiana State v. National Oceanic & Atmospheric Administration, Richard Spinrad, Administrator, Chris Oliver, Samuel D. Rauch, III, National Marine Fisheries Service; Department of Commerce, Gina Raimondo, Secretary

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The U.S. Court of Appeals for the Fifth Circuit upheld a National Marine Fisheries Service (NMFS) rule requiring shrimping vessels to install special turtle excluder devices that allows turtles to escape traps. The State of Louisiana had argued its sovereign interests were violated because NMFS’ rule preempts state laws that regulate shrimp harvesting. The Fifth Circuit, however, found that because Louisiana never raised those concerns in the lower court, they consequently were not eligible for consideration on appeal.

[To accompany Case Law Update "Fifth Circuit Upholds NMFS Turtle Excluder Device Rule ” from Brooks Animal Law Digest Issue No. 194]