Louisiana Shrimp Association Files Lawsuit Against Biden Administration Rule on Day of Supreme Court Arguments on Agency Power

The Louisiana Shrimp Association (LSA), represented by lawyers from the Pelican Institute’s Center for Justice, has filed a lawsuit against the Biden Administration’s National Marine Fisheries Service for their rule requiring skimmer trawl vessels to use Turtle Excluder Devices in Louisiana’s inshore waters.

The complaint, filed today in the U.S. District Court for the Eastern District of Louisiana, challenges the rule on the grounds that it violates the Administrative Procedure Act (APA), the Dormant Commerce Clause and the Major Questions Doctrine. According to the complaint, the NMFS failed to consider evidence that sea turtles do not interact with shrimpers in inshore waters and their nesting sites are thriving. Meanwhile, the costs of implementing the rule will be disastrous to Louisiana shrimpers, who live on slim margins and are already struggling to make ends meet with an influx of foreign shrimp imports.

“The bureaucrats who instituted this rule ignored the economic devastation it will cause to shrimpers,” said James Baehr, from the Pelican Institute Center for Justice. “This unnecessary and unconstitutional rule is a direct attack on Louisiana livelihoods and culture.”

The NMFS rule requires expensive, custom-made attachments to be installed on shrimper trawl vessels that are 40 feet or longer under the guise of protecting endangered turtles. In addition to the expense of installing the device, TEDs are also costly to shrimpers because they lose shrimp that are funneled out of the net because of it, particularly when debris gets caught in the TED. Studies show that the average first year revenue loss for shrimpers would range between $9.4 million and $44 million. This is a significant blow to an already struggling industry.

“Today, the Supreme Court will hear a pivotal case on the power of this agency over small businessmen, and this is a perfect time for the Louisiana Shrimp Association to stand up against unelected bureaucrats in Washington. The shrimpers are fighting for their rights and their way of life, and they will not back down,” said Sarah Harbison from the Pelican Center for Justice.

“We are not just fighting for ourselves, but for the entire shrimping industry in Louisiana,” said Acy Cooper of the LSA. “We urge the Biden Administration to stop this unfair rule so that we can continue feeding our families and yours with high quality shrimp.”

The Pelican Institute Center for Justice is committed to advocating for the right of every Louisianan to earn a living in their chosen profession. The Louisiana shrimp industry generates $1.3 billion and affects over 15,000 people’s livelihoods according to the Louisiana Seafood Board. More importantly, this is an industry of deep tradition and culture, handed on from parent to child in the bayous of Louisiana.

As the case moves forward, these shrimpers hope to see this rule blocked so they can continue their important work. Follow the Pelican Institute Center for Justice for updates on this important issue.