Green v. Biden

Environmental Groups Granted Permissive Intervention in Suit Over Marine Monument

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MEMORANDUM & ORDER Plaintiffs Frank Green and Robert Conrad filed the above-captioned action on March 18, 2024, against President Joseph R. Biden Jr., Secretary of Commerce Gina M. Raimondo, Secretary of the Interior Deb Haaland, and Under Secretary of Commerce for Oceans and Atmosphere and National Oceanic and Atmospheric Association (the “NOAA”) Administrator Richard W. Spinrad in their official capacities. Plaintiffs allege violations of the Antiquities Act, 54 U.S.C. §320301(a)-(b); the separation of powers clause of Article I of the U.S. Constitution, U.S. Const. art. I, §1; section 706(2)(C) of the Administrative Procedure Act, 5 U.S.C. §706(2)(C); and section 1855(f) of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §1855(f).¹ On May 29, 2024, the Natural Resources Defense Council, Inc. (the “NRDC”), Conservation Law Foundation (the “CLF”), Center for Biological Diversity (the “CBD”), and R. Zack Klyver (collectively, the “Proposed Intervenors”) moved to intervene pursuant to Rule 24 of the Federal Rules of Civil Procedure.² For the reasons set forth below, the Court grants Proposed Intervenors’ motion for permissive intervention. I. Background Plaintiffs are commercial fishermen who allege that they will be subject to criminal and civil penalties due to the commercial fishing ban on the territory off the coast of southern New England that President Biden designated as the Northeast Canyons and Seamounts Marine National Monument (the “Monument”). (Compl.

1, 2, 4, 6, 35, 58.) The proclamation designating the Monument imposes criminal fines and jail time on individuals who fish within the Monument area. (Id. 4.) The National Marine Fisheries Service (the “NMFS”), relying exclusively on the commercial fishing ban prescribed by the proclamation, subsequently issued the Seamounts Regulation likewise banning commercial fishing in the Monument area. (Id.

Green v. Biden

Environmental Groups Granted Permissive Intervention in Suit Over Marine Monument

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