City of New Bedford v. Locke
| Docket Number | 11-1952,11-1964,11-1987,11-2001 |
| Decision Date | 28 November 2012 |
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40 cases
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Relentless Inc. v. U.S. Dep't of Commerce
...the agency's interpretation under the governing standard to determine whether it exceeds the bounds of the permissible. Lovgren v. Locke, 701 F.3d 5, 21 (1st Cir. 2012) (citations and quotations omitted). As explained below, the Court concludes that Congress has not spoken unambiguously on ......
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Conservation Law Found. v. U.S. Army Corps of Eng'rs
..."reasonable" alternatives "[b]ased on practical considerations and the ‘purpose and need’ for the proposed action."124 Lovgren v. Locke, 701 F.3d 5, 37 (1st Cir. 2012) (citing Theodore Roosevelt Conservation P'ship v. Salazar, 661 F.3d 66, 72 (D.C. Cir. 2011) ). As defined in NEPA regulatio......
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Natural Res. Def. Council v. Nat'l Marine Fisheries Serv.
...Regulatory Amendment 11 arises out of the “complicated statutory and regulatory system governing [ ] federal fisheries.” Lovgren v. Locke, 701 F.3d 5, 13 (1st Cir.2012).1 A brief description of the federal fishery management scheme is warranted, because a basic understanding of the applicab......
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Conservation Law Found., Inc. v. Longwood Venues & Destinations, Inc.
...with "an agency's interpretation of a statute" that it administers, the Court's analysis "proceeds in three stages." Lovgren v. Locke, 701 F.3d 5, 21 (1st Cir. 2012). The familiar Chevron inquiry, of course, has just two steps: determining if the statute is ambiguous and, if so, whether the......
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3 books & journal articles
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The Charming Betsy Canon, American Legal Doctrine, and the Global Rule of Law.
...Servs., 545 U.S. 967, 980 (2005). (187.) Cass R. Sunstein, Chevron Step Zero, 92 VA. L. REV. 187, 191 (2006). (188.) Lovgren v. Locke, 701 F.3d 5, 21 (1st Cir. 2012). See also Sierra Club v. Trump, 929 F.3d 670, 692 (9th Cir. 2019); Martin v. Soc. Sec. Admin., 903 F.3d 1154, 1159 (11th Cir.......
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Who Says That Fish Filet Is Sustainable? Advocacy Options and the Lessons of Federal Fisheries Management
...Standard Guidelines: Why Judicial Deference May Be Inevitable , 91 Cal. L. Rev. 1375, 1377 (2003). 44. See , e.g. , Lovgren v. Locke, 701 F.3d 5, 29 (1st Cir. 2012) (upholding NMFS regulatory amendment of FMP for Northeast Multispecies Groundish Fishery); Paciic Coast Fed’n of Fishermen’s A......
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Learning how to fish: catch shares and the future of fishery conservation.
...filed suit to block the plan. See City of New Bedord v. Locke, 2011 WL 2636863 (D. Mass. Dec. 27, 2011), affd, Lovgren v. Locke, 701 F. 3d 5 (1st Cir. 2012) (rejecting legal challenges to fishery reforms). Among those filing briefs in support of the legal challenge were Massachusetts Repres......