The D.C. District Court rules against the Trump administration for violating federal law by failing to use all available scientific evidence to end the overfishing of dusky sharks in U.S. waters. The ruling, in response to an Oceana lawsuit filed by Earthjustice, requires the federal government to do more to end the rampant overfishing that has plagued dusky sharks.

In this suit for declaratory and injunctive relief, Conservation Law Foundation challenges the failure of the Secretary of Commerce and the National Marine Fisheries Service to protect critically endangered North Atlantic right whales and their critical habitat by completing the legally-required Endangered Species Act “Section 7” consultation prior to approval of the Omnibus Essential Fish Habitat Amendment, in violation of the Endangered Species Act, 16 U.S.C. §§ 1531-1544, the Magnuson-Stevens Fisheries Conservation and Management Act, 16 U.S.C. §§ 1801-1884, and the Administrative Procedure Act, 5 U.S.C. §§ 701-706.

In this action for declaratory and injunctive relief, Conservation Law Foundation (“CLF” or “Plaintiff”) challenges the Secretary of Commerce and the National Marine Fisheries Service’s (collectively, “NMFS” or “Defendants”) ongoing authorization and management of the American lobster fishery and their failure to prevent jeopardy and unlawful takes of endangered North Atlantic right whales (“right whales”) in violation of the Endangered Species Act (“ESA”), Marine Mammal Protection Act (“MMPA”), and Administrative Procedure Act (“APA”). See 16 U.S.C. §§ 1531-1544; 16 U.S.C. §§ 1361-1389; 5 U.S.C. §§ 701-706.