CAFC Denies Stay of Ban on Some Imports of Mexican Seafood
A ban on imports of some Mexican seafood will remain in effect, after the U.S. Court of Appeals for the Federal Circuit on Nov. 28 denied a motion to stay the lower court ruling that set the ban. The Court…
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of International Trade in July granted the preliminary injunction (see 1807260039), which bans importation of fish and fish products from Mexican commercial fisheries that use gillnets within the range of the endangered vaquita, amid concerns the fishing practice is driving the porpoise species to extinction. CBP subsequently set certification requirements for Mexican seafood in response to the court order (see 1808290047). Now on appeal, the Federal Circuit said in a one-page, non-precedential decision that the government “has not established that a stay of the order pending appeal is warranted here.” It did, however, leave the door open to a quick resolution of the case. “Given the urgency expressed in the government’s motion and the fact that the government self-expedited the filing of its opening brief, the court notes that it will consider a motion by the government to expedite oral argument in this appeal.”