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.
