Last week, Pacific Legal sent us the Motion for Summary Judgment and supporting Memorandum that they filed with the court recently.
The court denied the intervenor’s request for a stay, so the case will proceed. This is good news for us!
The language in the filing is below and the full details are here.
Pursuant to Federal Rule of Civil Procedure 56, the California Sea Urchin
Commission, California Abalone Association, California Lobster and Trap
Fishermen’s Association, and Commercial Fishermen of Santa Barbara (the
Fishermen) move for summary judgment on their Administrative Procedure Act
claim that the United States Fish and Wildlife Service (the Service) exceeded its
statutory authority when it issued a final rule terminating the sea otter management
zone.1 As the accompanying Memorandum of Points and Authorities explains, there
is no genuine dispute of any material fact and the Fishermen are entitled to judgment
as a matter of law.