CIT Denies Bid to Speed Up Briefing in Fisheries Settlement Implementation Spat
The Court of International Trade last week denied several wildlife advocacy groups' request to expedite consideration of the groups' motion to enforce their settlement agreement with the Commerce Department regarding the importation of fish from all countries that don't have fishery regulations comparable to the United States' (Natural Resources Defense Council v. Howard Lutnick, CIT # 24-00148).
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The advocacy groups -- the Natural Resources Defense Council (NRDC), the Center for Biological Diversity and the Animal Welfare Institute -- reached a settlement with the U.S. in a 2024 case, Natural Resources Defense Council v. Gina Raimondo, in March 2025. The settlement saw the National Marine Fisheries Service (NMFS) agree to ban importation of fish from all countries barring a finding that a given country had fishery regulations comparable to the United States’ (see 2503250033).
In a separate case brought by the National Fisheries Institute, however, the U.S. then reached a settlement in which it agreed to stay an import ban against five countries’ swimming crab fisheries as it reconsidered negative comparability findings against them (see 2510310035). NRDC, the lead plaintiff of its case, then sought expedited consideration of its motion to compel compliance with the initial settlement.
In a text-only order, Judge Gary Katzmann denied the request. With their motion, the conservation groups also filed for the right to serve a reply. The judge denied that request as well, though he said that to the extent the request is meant as a "motion for leave to file a reply," that request is also denied. However, the groups "may later file a motion for leave to file a reply."
One week later, on Dec. 30, Katzmann then decided to allow a group of seafood importers, led by the National Fisheries Institute, to intervene in the case. While not opposing the request, the advocacy groups led by the NRDC asked the court "to hold NFI to its promise that it will abide by existing deadlines in this matter." Katzmann obliged, instructing the intervenors that their response to the advocacy groups' motion to compel compliance with the settlement agreement is due on Jan. 2, 2026, the same day the government's response is due.