Study Aids
Case Briefs Overview
Casebooks
Case Briefs
O

Oceana v. Evans

2005 WL 555416 (2005)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

Oceana v. Evans

United States District Court for the District of Columbia
2005 WL 555416 (2005)

  • Written by Liz Nakamura, JD

Facts

The New England Fishery Management Council (Council), one of the eight regional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), proposed implementing Amendment 13 to its existing groundfish fishery management plan (FMP). The proposed Amendment 13 stated that the Council needed to approve the Trans-Boundary Management Committee’s (TBMC) annual total-allowable catch (TAC) proposal before the National Marine Fisheries Service (NMFS) (defendant) could implement the TAC in the Council’s region. The Council submitted Amendment 13 to NMFS for approval. NMFS approved Amendment 13; however, before implementing Amendment 13, NMFS modified Amendment 13 to state that NMFS could impose TBMC’s annual TAC without the Council’s approval. The Trawlers’ Survival Fund (TSF) (plaintiff) challenged NMFS’s modified Amendment 13 and moved for summary judgment, arguing that NMFS did not have authority under the Magnuson-Stevens Act to modify a regional council’s proposed FMP amendments. NMFS countered, arguing that the Magnuson-Stevens Act authorized NMFS to implement whatever regulations were necessary to effectuate an FMP.

Rule of Law

Issue

Holding and Reasoning (Huvelle, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,400 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Environmental Law

Key Terms