New England Fishermen's Stewardship Association v. Lutnick
Split Score
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Case Summary
Disposition
Affirmed in Part
The First Circuit rejected the New England Fishermen’s Stewardship Association’s Appointments Clause attack on the Framework Adjustment 65 Final Rule issued under the Magnuson-Stevens Act. Concluding that Regional Fishery Management Councils act only in an advisory capacity and that any injury flowed from the Secretary of Commerce’s independent rulemaking, the court affirmed the district court’s refusal to vacate the rule, but reversed the lower court’s decision to sever 16 U.S.C. § 1854(c)(3) and (h).
Circuit Split Identified
Legal Issue
Whether the ‘pocket-veto’ provisions of the Magnuson-Stevens Act (16 U.S.C. § 1854(c)(3) and (h)) violate the Appointments Clause and, if so, whether they must be severed and/or plaintiffs are entitled to injunctive relief when those provisions were not invoked in the challenged rulemaking.
Circuit Positions
Councils are purely advisory; §§ 1854(c)(3) & (h) need not be severed; no injunctive relief – standing requires Council-caused injury.
Provisions are unconstitutional and severable, but severance fully cures the defect; plaintiffs receive no further relief.
Provisions are unconstitutional and severable; harm is presumed; plaintiffs are entitled to judgment and relief.
Conflict Summary
The circuits disagree on the proper remedy (and, in part, standing) for Appointments Clause challenges to the Magnuson-Stevens Act’s Council approval provisions. The First Circuit held no severance or relief is warranted because Councils are purely advisory and plaintiffs lacked a Council-caused injury. The Fifth Circuit severed the provisions as unconstitutional but nevertheless entered judgment for the government, finding no further remedy necessary. The Third Circuit severed the same provisions and, treating harm as presumed, ruled for the plaintiffs, granting the requested relief.