Dominick Russo v. Secretary, U.S. Department of Commerce

Summary

The Eleventh Circuit held that the Russos have standing, that Gulf of Mexico Fishery Management Council members are unconstitutionally appointed officers because their veto powers give them significant authority, but because those veto powers were not used to adopt the gag grouper rule, the rule is not void and the district court's judgment for the plaintiffs is reversed and the case remanded for judgment for the government.