Ocean and Coastal Case Alert

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Ocean and Coastal Case Alert

May 15th, 2026

The National Sea Grant Law Center is pleased to offer the May 2026 issue of Ocean and Coastal Case Alert. The Case Alert is a monthly newsletter highlighting recent court decisions impacting ocean and coastal resource management. (NSGLC-26-03-05)

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U.S. SUPREME COURT
Chevron USA Inc. v. Plaquemines Par., Louisiana, 146 S. Ct. 1052 (2026).
Louisiana and two parishes filed suit against oil companies over the impacts of oil drilling in the state’s wetlands and coastal areas during World War II. The companies removed the suits to federal court under the federal officer removal statute, which gives federal courts authority to hear state court cases when filed against a federal officer. The companies claimed the statute applied because the cases related to federal government contracts for aviation fuel. The federal district court disagreed and remanded the cases to state court. The Fifth Circuit affirmed on appeal. The Supreme Court vacated the Fifth Circuit opinion, finding that the company’s crude oil production “related to” the performance of its duties under contract with the federal government. The cases were remanded to federal court.

Opinion Here
Enbridge Energy, LP v. Nessel on behalf of Michigan, 146 S. Ct. 1074 (2026).
The Michigan Attorney General brought suit in state court, alleging Enbridge Energy’s Line 5 pipeline violated the Public Trust Doctrine and other state laws. The case was removed to federal court. The federal district court denied a motion to return the case to state court. On appeal, the Sixth Circuit reversed and remanded, citing a statute that requires notice of removal within 30 days for cases filed in state court that may be subject to federal jurisdiction. The Supreme Court affirmed, holding the statute is not subject to “equitable tolling,” which would allow district courts discretion to extend the deadline due to extenuating circumstances; the 30-day deadline is mandatory absent exceptions expressly defined in the statute.

Opinion Here
FIRST CIRCUIT
New England Fishermen's Stewardship Ass'n v. Lutnick, No. 25-1212, 2026 WL 1179140 (1st Cir. Apr. 30, 2026).
The New England Fishermen’s Stewardship Association, a trade group representing commercial fishermen, filed a lawsuit against the National Marine Fisheries Service and others responsible for administering federal fishery policy in New England. The plaintiffs argued that the New England Fishery Management Council acted in violation of the Appointments Clause, which requires those acting as “officers of the U.S.” to be appointed by the executive branch. The district court denied injunctive or declaratory relief, but it severed the provisions of the Magnuson-Stevens Act it found to be in violation of the Appointments Clause. On appeal, the First Circuit found that the advisory role played by the Council is not an exercise of significant federal authority in violation of the Appointments Clause because the Council merely provides fishery-management recommendations and the Secretary retains authority to promulgate binding regulations. The court reversed the district court’s severance of the provisions of the Magnuson-Stevens Act.

Opinion Here
THIRD CIRCUIT
Save Long Beach Island v. Atl. Shores Offshore Wind, LLC, No. CV 24-9377 (ZNQ) (RLS), 2026 WL 1164507 (D.N.J. Apr. 29, 2026).
An advocacy group and residents alleged an offshore wind development off the coast of New York and New Jersey would result in construction and operational noise that would harm local residents in violation of state and local law. The plaintiffs alleged a private nuisance and violations of New Jersey's Municipal Land Use Law and the local ordinances of Beach Haven, Long Beach Township, and the City of Brigantine. The court granted the wind development company’s motion to dismiss, finding the claims were preempted by the federal Outer Continental Shelf Lands Act.

Opinion Here
FIFTH CIRCUIT
Louisiana v. Nat’l Marine Fisheries Serv., Order on Motion, No. 2:25-cv-00691 (W.D. La., Apr. 29, 2026).
The State of Louisiana and several private companies challenged the issuance of a biological opinion (BiOp) by the National Marine Fisheries Service (NMFS) assessing impacts of oil and gas activities in the Gulf on endangered species, including the Rice’s whale. They alleged that both the BiOp’s jeopardy determination and its incidental take statement were arbitrary and capricious. The district court granted plaintiffs’ motion for summary judgment and ordered the agency to revisit and revise the BiOp. In April, the judge rescinded the order related to the BiOp after the Endangered Species Committee exempted oil and gas activities in the Gulf from Endangered Species Act regulations.

Opinion Here
SIXTH CIRCUIT

Ohio
White's Landing Fisheries, Inc. v. Ohio Dep't of Nat. Res., Div. of Wildlife, No. 25-3345, 2026 WL 1091219 (6th Cir. Apr. 22, 2026).
Commercial fisherman brought suit against the Ohio Department of Natural Resources (ODNR) alleging the agency’s amendment of a rule limiting seine commercial fishing licensees’ ability to catch yellow perch resulted in a Fifth Amendment takings claim and violation of state law. The U.S. District Court for the Northern District of Ohio granted the officials' motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim. On appeal, the Sixth Circuit held the claims against ODNR officials were barred by state sovereign immunity. Further, Ohio's enactment of the Ohio Administrative Procedure Act (APA), which permitted judicial review of an Ohio agency's order under specific procedures, did not constitute consent to the fisherman's suit, and thus did not effect a waiver of state sovereign immunity. The case was remanded to the federal district court.

Opinion Here
ELEVENTH CIRCUIT
Friends of the Everglades, Inc. v. Sec'y of United States Dep't of Homeland Sec., No. 25-12873, 2026 WL 1077624 (11th Cir. Apr. 21, 2026).
Environmental organizations and a Native American Tribe brought suit against federal and state officials for failing to conduct environmental review required by federal law before constructing an immigration detention facility in the Florida Everglades. The U.S. District Court for the Southern District of Florida issued a preliminary injunction prohibiting further construction, enjoining detention of noncitizens there, and requiring removal of some work that had already been completed. On appeal, the Eleventh Circuit vacated and remanded. The court found the Department of Homeland Security's request to construct the facility did not constitute a “final agency action” subject to review under Administrative Procedure Act, nor was it a “major federal action” subject to review under the National Environmental Policy Act.

Opinion Here
D.C. CIRCUIT
Ctr. for Biological Diversity v. Burgum, No. 1:25-cv-03596 (D.D.C., settlement notice, May 11, 2026).
In a settlement agreement, the U.S. Fish and Wildlife Service has agreed to consider critical habitat designation for the black-capped petrel, an endangered seabird with a range spanning from the Caribbean to the Atlantic and Gulf, by March 2030. The settlement stems from a lawsuit filed by the Center for Biological Diversity alleging the agency failed to designate critical habitat after the species was listed as endangered under the Endangered Species Act (ESA) in 2023. The settlement could be impacted by the Endangered Species Committee’s exemption of oil and gas activities in the Gulf from ESA regulations.

Opinion Here

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The Case Alert is a monthly newsletter highlighting recent court decisions impacting ocean and coastal resource management.

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Ocean and Coastal Case Alert

May 15th, 2026

U.S. SUPREME COURT

FIRST CIRCUIT

THIRD CIRCUIT

FIFTH CIRCUIT

SIXTH CIRCUIT

Ohio

ELEVENTH CIRCUIT

D.C. CIRCUIT

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