811 F. Supp. 2d 308
D.D.C.2011Background
- ASMFC is a state-created interstate compact commission that develops interstate fishery management plans for river herring and shad; its members are state fishery officials, state legislators, and public representatives appointed by governors.
- The Atlantic Coastal Fisheries Act assigns primary coastal fisheries management to the States, with the Federal Government supporting interstate management coordinated with the ASMFC.
- Plaintiffs allege declines in river herring and shad and claim bycatch and mid-water trawling contribute to conservation concerns affecting their economic interests.
- Plaintiffs filed suit seeking relief against federal and state defendants, asserting violations of the Atlantic Coastal Fisheries Act, the ASMFC Compact, and the Administrative Procedure Act.
- The State defendants moved to dismiss Count III (the private right of action against the ASMFC and its Commissioners) arguing the ASMFC is not an agency subject to the APA and that no private right of action exists.
- The court granted the State defendants' motion to dismiss Count III, concluding the ASMFC and Commissioners are not federal agencies and that no private right of action exists against them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| APA applicability to ASMFC | Plaintiffs rely on APA for private rights of action against ASMFC. | ASMFC is not a federal agency; APA does not apply. | APA not applicable; ASMFC not an agency. |
| Private rights of action against ASMFC | Private remedy exists under the APA against ASMFC. | No private right of action against ASMFC in the Compact or ACFA. | No private right of action against ASMFC. |
| Private rights of action against ASMFC Commissioners | Commissioners are proper defendants under a private action. | Commissioners are state actors, not federal; no private action. | No private right of action against Commissioners. |
Key Cases Cited
- New York v. Atlantic States Marine Fisheries Comm'n, 609 F.3d 524 (2d Cir.2010) (ASMFC not a federal agency; federal-state balance concerns)
- Medeiros v. Vincent, 431 F.3d 25 (1st Cir.2005) (authority of ASMFC; interstate compacts and FMPs)
- The Bootery, Inc. v. Wash. Metro. Area Transit Auth., 326 F. Supp. 794 (D.D.C.1971) (quasi-federal agency doctrine origin)
- Stoneridge Inv. Partners, LLC v. Scientific-Atlanta Inc., 552 U.S. 148 (U.S. 2008) (agency capacities and private rights of action)
- Alexander v. Sandoval, 532 U.S. 275 (U.S. 2001) (private rights and administrative action standing)
- Gonzaga Univ. v. Doe, 536 U.S. 273 (U.S. 2002) (constrains implied private rights of action)
- Sandoval v. Gonzaga Univ., 532 U.S. 275 (U.S. 2001) (statutory private rights require clear intent)
- Old Town Trolley Tours of Wash., Inc. v. Wash. Metro. Area Transit Comm'n, 129 F.3d 201 (D.C.Cir.1997) (APA scope and agency definition context)
- E.E.O.C. v. St. Francis Xavier Parochial Sch., 117 F.3d 621 (D.C.Cir.1997) (judicial notice and 12(b)(6) standards)
- Kowal v. MCI Commc'ns Corp., 16 F.3d 1271 (D.C.Cir.1994) (pleading standards; inferences not guaranteed)