Facts

The Center For Biological Diversity, Mary Adele Donnelly and CORALations filed a complaint against the National Marine Fisheries Service (NMFS) and John E. Bryson, U.S. Secretary of Commerce in connection with the declining population of reef-building corals that inhabit the Caribbean. Both parties filed cross-motions for summary judgment.

PLAINTIFFS' CONTENTIONS:
Plaintiffs challenged the NMFS' recent action concerning the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands. Plaintiffs argued that the NMFS's determinations, that the action was not likely to jeopardize the Acropora, reef-building corals that were listed as a threatened species under the Endangered Species Act (ESA), or adversely affect their critical habitat, were arbitrary and capricious. Plaintiffs also argued that NMFS had failed to establish a valid monitoring plan and trigger for reassessing the impacts of the fishery on the corals. Plaintiffs asserted that these failures violated the ESA and the Administrative Procedure Act (APA).

Result

U.S. District Judge Salvador E. Casellas granted in part and denied in part each party's cross-motion for summary judgment.