693 F.Supp.3d 1364
Ct. Int'l Trade2024Background
- Plaintiffs (Sea Shepherd New Zealand and Sea Shepherd Conservation Society) challenged the U.S. government's decision to allow seafood imports from New Zealand caught in fisheries that allegedly harm the critically endangered Māui dolphin.
- The Marine Mammal Protection Act (MMPA) requires foreign fisheries exporting to the U.S. to prove they meet U.S. standards for protecting marine mammals, or risk an import ban.
- In November 2022, the court issued a preliminary injunction banning importation of certain seafood from New Zealand’s West Coast North Island that could endanger the Māui dolphin.
- The injunction was based on dissatisfaction with NOAA’s 2020 comparability findings, which allowed imports despite plaintiffs’ objections about dolphin bycatch.
- In January 2024, NOAA issued new, positive comparability findings based on updated information, determining New Zealand fisheries' measures satisfy the MMPA.
- New Zealand then moved, without opposition, to dissolve the injunction due to the new findings, a motion which the court granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether U.S. law requires a ban on seafood imports linked to Māui dolphin bycatch | New Zealand fisheries’ bycatch threatens existence of dolphins; ban required under MMPA | Existing and new measures satisfy U.S. standards; new NOAA findings justify lifting ban | New NOAA findings are a significant change warranting dissolution of the preliminary injunction |
| Validity and adequacy of NOAA’s comparability findings | Prior findings were insufficient; did not protect dolphins effectively | New and supplemental information supports new positive finding | New findings supersede prior ones; court takes no view on new findings’ validity |
| Appropriateness of maintaining a preliminary injunction | Protection is necessary given ongoing harm to dolphins | No basis for injunction following new administrative action | Injunction dissolved in light of changed legal/factual landscape |
| Potential for future legal challenges | May continue to challenge fisheries’ compliance | NOAA’s findings should govern import status | Opinion does not foreclose future litigation or challenges |
Key Cases Cited
- Sea Shepherd N.Z. v. United States, 469 F. Supp. 3d 1330 (CIT 2020) (earlier stage in the litigation concerning import ban request)
- Sea Shepherd N.Z. v. United States, 606 F. Supp. 3d 1286 (CIT 2022) (granting the initial preliminary injunction)
- Sea Shepherd N.Z. v. United States, 611 F. Supp. 3d 1406 (CIT 2023) (discussing standard for modification or dissolution of injunction)
- Sea Shepherd N.Z. v. United States, 639 F. Supp. 3d 1367 (CIT 2023) (further proceedings in the ongoing litigation)