Dominick Russo, et al v. Secretary, U.S. Department of Commerce, et al
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Vacated
The Eleventh Circuit held that the Gulf of Mexico Fishery Management Council wields significant authority through three statutory veto provisions that violate the Appointments Clause, but because those veto powers played no role in promulgating the gag-grouper catch-limit rule, the rule itself remains valid. It therefore vacated the district court’s judgment for the fishermen and remanded with instructions to enter judgment for the government.
Circuit Split Identified
Legal Issue
Whether commercial fishermen have Article III standing to mount an Appointments-Clause challenge to the Gulf of Mexico Fishery Management Council when the challenged regulation did not involve the Council’s veto powers.
Circuit Positions
Fishermen possess standing; injury is fairly traceable to the Secretary’s adoption of the rule and separation-of-powers harm.
Fishermen lack standing because the Council’s veto powers did not affect the challenged regulation, breaking traceability.
Conflict Summary
The First Circuit holds that fishermen lack standing because their injury is not traceable to the Council’s veto powers, whereas the Third, Fifth, and Eleventh Circuits conclude that the economic harm from the Secretary’s promulgation of the rule and the here-and-now separation-of-powers injury are fairly traceable and redressable, thus satisfying Article III.