Oceana, Inc. v. Ross

359 F. Supp. 3d 821
CourtDistrict Court, N.D. California
DecidedJanuary 18, 2019
DocketCase No. 16-CV-06784-LHK
StatusPublished

This text of 359 F. Supp. 3d 821 (Oceana, Inc. v. Ross) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oceana, Inc. v. Ross, 359 F. Supp. 3d 821 (N.D. Cal. 2019).

Opinion

LUCY H. KOH, United States District Judge

Plaintiff Oceana, Inc. ("Plaintiff") brought this suit against Defendant Wilbur Ross, in his official capacity; Defendant National Oceanic and Atmospheric Administration ("NOAA"); and Defendant National Marine Fisheries Service ("the Service") (collectively, "Defendants"). On January 18, 2018, the Court granted Plaintiff's motion for summary judgment and entered judgment. ECF Nos. 61, 62. On June 13, 2018, the Court granted in part and denied in part Defendants' motion to alter or amend judgment. ECF No. 68. Before the Court is Plaintiff's motion to enforce the judgment. ECF No. 72 ("Mot."). Having considered the parties' submissions, the relevant law, and the record in this case, the Court GRANTS Plaintiff's motion to enforce the judgment.

I. BACKGROUND

A. Procedural History

On November 11, 2016, Plaintiff filed its complaint. ECF No. 1. Plaintiff challenged the Service's 2016 Catch Rule for the central subpopulation of northern anchovy and alleged that the Service's 2016 Catch Rule violated the Magnuson-Stevens Fisher Conservation and Management Act ("Magnuson-Stevens Act") and the Administrative Procedure Act ("the APA").1 See id. Plaintiff sought declaratory relief as well as to vacate the Catch Rule and remand to the Service to complete a new rule within no more than three months from the date of the entry of judgment. Id. Plaintiff also requested, among other things, that the Court maintain jurisdiction over the action until the Defendants were in compliance with the Magnuson-Stevens Act, the APA, and every order of the Court. Id. On February 17, 2017, Defendants filed their answer. ECF No. 25.

*824On September 1, 2017, Plaintiff filed a motion for summary judgment. ECF No. 51. In its motion, Plaintiff reiterated its request that the Court "hold that the Catch Rule violates the Magnuson[-Stevens] Act and the APA." Id. at 25. Plaintiff further requested "that the Court vacate the Catch Rule and remand it to [the Service to] complete a new rule that complies with the law within no more than 90 days from the date of this Order." Id. On October 13, 2017, Defendants filed a combined cross-motion for summary judgment and opposition to Plaintiff's motion for summary judgment. ECF No. 52. In their cross-motion, Defendants argued in the alternative that if the Court were to find that the Service unlawfully approved the 2016 Catch Rule, the Court should limit the remedy to a remand without vacatur. See id. at 24-25. Defendants recognized that Plaintiff requested vacatur of the Rule and a new rule within 90 days. Id. at 25. Defendants' only objection to the 90-day deadline was the following one sentence: "Such a remedy would not allow sufficient time for public comment and for [the Service] to recommend any changes to the [Pacific Fishery Management] Council [ ("Council") ], consistent with the Council's role under the" Magnuson-Stevens Act. Id. at 25. Defendants did not contest the remedy of a remand.

On November 11, 2017, Plaintiff filed its combined opposition to Defendants' motion for summary judgment and reply in support of Plaintiff's motion for summary judgment. ECF No. 56. In its reply, Plaintiff again requested that the Court "set aside the Catch Rule's provisions governing the central subpopulation of northern anchovy and order [the Service] to promulgate a new rule that applies the best available science and complies with the Magnuson[-Stevens] Act's mandate to prevent overfishing and achieve optimum yield by accounting for ecosystem needs within 90 days." Id. at 25. On December 8, 2017, Defendants filed their reply brief in support of Defendants' cross-motion for summary judgment. ECF No. 57. As to the remedy, Defendants challenged only whether vacatur would be appropriate. See id. at 14-15.

On January 18, 2018, the Court granted Plaintiff's motion for summary judgment and denied Defendants' cross-motion for summary judgment. ECF No. 61 ("MSJ Order"). The Court held that the Service's 2016 Catch Rule for the central subpopulation of northern anchovy, including the annual catch limit ("ACL") it established, violated the Magnuson-Stevens Act and the APA. The Court also found that the outdated values for the overfishing limit ("OFL") and acceptable biological catch ("ABC") on which the ACL was based were arbitrary and capricious. In particular, the Court found that "the OFL, ABC, and ACL are arbitrary and capricious because Plaintiff has presented substantial evidence that the OFL, ABC, and ACL are not based on the best scientific information available." Id. at 29. The Court also found that "it was arbitrary and capricious for the Service to fail to consider whether the OFL, ABC, and ACL still prevented overfishing in light of their direct reliance on a [maximum sustainable yield] estimate from a 1991 study that evidence in the administrative record indicated was out of date." Id. at 32.

After finding for Plaintiff, the Court considered next the appropriate remedy. See id. at 32-33. The Court acknowledged that Defendant had argued that even if the Court finds the Catch Rule arbitrary and capricious, the Court should not vacate. See id. at 32. In particular, Defendant had argued that "the Court should not vacate the ACL because a new acoustic trawl survey from 2016 ("2016 Survey") indicates the anchovy population is recovering." Id.

*825The Court considered but explicitly "reject[ed] Defendants' claim that vacatur is inappropriate" for two reasons. First, the Court found that the "2016 Survey results are not persuasive enough to overcome the presumption that a court shall 'set aside an agency rule that a court finds, arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.' " Id. (quoting Nat. Res. Def. Council, Inc. v. U.S. Dep't of Interior , 275 F.Supp.2d 1136, 1143 (C.D. Cal. 2002) ). Second, the Court found inapplicable the single case Defendants cited in support of their argument that the Court can consider evidence outside the administrative record in determining a remedy. Id. at 32-33. The Court therefore "reject[ed] Defendants' claim that vacatur is inappropriate." Id. On January 18, 2018, the Court entered judgment in favor of Plaintiff. ECF No. 62.

On February 15, 2018, Defendants filed a motion to alter judgment pursuant to Federal Rule of Civil Procedure 59(e). ECF No. 64. In the motion, Defendants asked for clarification on what the Court vacated. See id. In particular, Defendants asked the Court to clarify that the reference points established in the rule for stocks not at issue in this litigation-"the northern subpopulation of northern anchovy, jack mackerel, and krill"-had not been vacated. Id. at 2-3. Defendants also asked the Court to clarify that it did not vacate the OFL and ABC for the central subpopulation of northern anchovy because, according to Defendants, the Court's MSJ Order only referred to vacatur of the Catch Rule, or ACL. Id. at 3-5. Defendants explained that they sought "this clarification because it affects an ongoing [Service] rulemaking."

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Bluebook (online)
359 F. Supp. 3d 821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oceana-inc-v-ross-cand-2019.