Dominick Russo, et alv.Secretary, U.S. Department of Commerce, et al
CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.26-10171
DecidedSeptember 3, 2026
JudgesWilliam Pryor, C.J., Jill Pryor, and Brasher, JJ.
Tags
Administrative LawAppointments ClauseFisheries RegulationSeparation of PowersMagnuson-Stevens Act
Case Summary
Commercial fishermen Dominick and James Russo challenged a rule that cut gag-grouper catch limits by about 86 percent. They argued that members of the Gulf Fishery Management Council exercise significant federal authority without constitutionally valid appointments, and that the Secretary’s rule should therefore be set aside. The Eleventh Circuit held that the Council’s statutory veto powers confer significant authority, but those powers were not used to make this rule; the Secretary independently approved it. The court therefore left the catch limit in place, vacated the district-court judgment for the fishermen, and remanded for judgment for the government.
Opinion
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