U.S. Court of Appeals Examines Legality of Fishery Council Appointments Amid Quota Controversy


Judges on the U.S. Court of Appeals for the Third Circuit deliberated the constitutionality of appointments to the Mid-Atlantic Fishery Management Council during a recent challenge to a federal rule that reduces fishing quotas in certain areas. The council is tasked with designing fishery management plans, which are reviewed by the U.S. commerce secretary for legality before any regulations are implemented. Judge Marjorie Rendell questioned whether the council members wield sufficient authority to necessitate Senate confirmation in accordance with the Appointments Clause.