FOLLOW US

In a move that echoes the drama of courtroom battles, the U.S. Department of Commerce has been compelled to fork out $160,000 to the New Civil Liberties Alliance (NCLA). This dramatic conclusion comes as part of a settlement in a class action lawsuit that challenged the National Marine Fisheries Service's mandate for round-the-clock GPS tracking of leisure charter fishing vessels. This development trails the February ruling by the Fifth Circuit, which overturned the contentious rule.

Feds Pay Fishers $160K: NCLA's Strategic Withdrawal

Wednesday marked a pivotal moment as the NCLA strategically backed down from its pursuit of attorney fees and expenses under the Equal Access to Justice Act. This withdrawal was in exchange for the hefty $160,000 sum, following their earlier request to halt the Fifth Circuit's contemplation of the motion. U.S. Circuit Judge Jennifer Walker Elrod cemented this decision on Thursday, officially sanctioning the group's retraction.

The Victory Lap: NCLA's Triumph in the Legal Arena

John Vecchione, the NCLA's senior litigation counsel, proclaimed the victory in a recent press release. Representing over 1,300 federally licensed charter boat owners, Vecchione lauded the monetary award as a testament to the group's and its local counsel's tenacity in championing the case. He emphasized that this victory not only validates their clients' rights but also spares the courts the burden of supplementary litigation.

Mark Chenoweth, NCLA's President and General Counsel, resonated with Vecchione's sentiments. Chenoweth envisaged utilizing the funds as a weapon in future legal battles against other federal agencies, aiming to safeguard American civil liberties from an administrative state often accused of trampling individual rights.

The Root of Controversy: The 2018 Rule Proposal

The origin of this legal maelstrom dates back to October 2018, when the National Marine Fisheries Service first proposed the now-overturned rule. Intended for charter boats and head boats in the Gulf of Mexico, the rule encompassed various mandates, including stringent record-keeping and GPS tracking requirements.

Despite resistance, the rule was finalized in July 2020, sparking the charter boat owners to initiate a class action in August 2020. They contended that the 24-hour GPS tracking infringed upon their Fourth and Fifth Amendment rights. However, in a twist, a Louisiana federal court initially sided with the government in February 2022.

Feds Pay Fishers $160K: A Fight for Privacy

On appeal, the boat owners painted a picture of overreach by the National Marine Fisheries Service, likening the constant surveillance to the intrusive oversight reminiscent of the French Revolution era. The Fifth Circuit, swayed by these arguments, earlier declared the GPS tracking mandate unlawful, citing the government's failure to adequately address public privacy concerns.

A Settlement Outside the Courtroom

Following their appellate triumph, the NCLA sought to claim attorneys' fees and expenses under the Equal Access to Justice Act. However, an out-of-court settlement was reached earlier this month, circumventing a potential appellate court ruling. As per the agreement, the NCLA withdrew its previous motion post-receipt of the $160,000 from the federal government.

Feds Pay Fishers $160K: The Government's Lack of Response

Representatives for the federal government have remained silent, offering no immediate comments on Thursday's developments.

Legal Titans: The Forces Behind the Battle

The boat owners' legal battle was spearheaded by A. Gregory Grimsal of Gordon Arata Montgomery Barnett McCollam Duplantis & Eagan, alongside John J. Vecchione, Sheng Li, and Kara Rollins of the NCLA. Representing the federal government was Daniel Halainen of the U.S. Department of Justice's Environment and Natural Resources Division.