Slash Creek Waterworks, Inc. v. Howard Lutnick

Summary

The court affirmed summary judgment for the Service, holding that the appellants' conceptual challenge to a landings-only annual catch limit was not moot after a successor rule continued the same operative approach. The court also held that the statutory thirty-day filing deadline is nonjurisdictional but declined to decide timeliness because the claims failed on the merits. Applying controlling circuit precedent, the court concluded that the statute does not require annual catch limits to directly restrict dead discards or other bycatch. No separate opinions were filed.