C.F.A. (Charter Fisherman's Association) Loses yet another court battle.
"Anglers are one step closer to reclaiming their fishing rights.
In a huge blow to the Charter Fisherman’s Association (CFA is the sector separation front group for the Environmental Defense Fund), yesterday’s Appellate Court ruling DISMISSED an appeal by CFA to intervene in the FRA’s Sector Separation Lawsuit. The motion, filed in March and denied in August, claimed that CFA had standing as a defendant in the Sector Separation lawsuit.
Craig Berman has continued to do an outstanding job on the FRA’s lawsuit. He has answered a motion to intervene from CFA. Yesterday, the Court agreed with Mr. Berman. The ruling seems to parallel the FRA’s contention that the angler’s fishing rights cannot be reassigned based on pure economic interest. Read the six page ruling. Here are a few quotes:
Because CFA’s members’ interest in the underlying litigation is purely
economic, CFA has failed to demonstrate a “direct, substantial, and legally
protectable interest.” -US COURT OF APPEALS FOR THE ELEVENTH CIRCUIT 1/26/17
The interest must “be one which the substantive law recognizes as
belonging to or being owned by the applicant”: that is, “an interest that derives
from a legal right.” Id. (emphasis in original). A pure economic interest is not
enough. -US COURT OF APPEALS FOR THE ELEVENTH CIRCUIT 1/26/17
CFA has identified no interest deriving from a legal right. -US COURT OF APPEALS FOR THE ELEVENTH CIRCUIT 1/26/17"
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