Groups barred from suing over whale protections, judge rules

Florida Judge Denies Conservation Groups' Request to Join Lawsuit Over Whale Protection Rule

A federal judge in Florida has denied a request from several conservation groups to intervene in a lawsuit that challenges a rule designed to protect the endangered North Atlantic right whale. The decision, made by U.S. District Judge Charlene Edwards Honeywell, came after the groups raised concerns about the Trump administration’s stance on environmental protections.

The case centers around a fine imposed on Gerald Eubanks, a Florida resident who was cited for violating a speed limit rule intended to reduce collisions between vessels and whales. In 2022, Eubanks piloted his boat, M/V Determination III, from Florida to South Carolina at a speed of approximately 18 knots over a distance of 200 miles. As a result, the National Oceanic and Atmospheric Administration (NOAA) issued a $14,250 fine.

Eubanks filed a lawsuit in March, naming NOAA and U.S. Commerce Secretary Howard Lutnick as defendants. He is challenging both the fine and the legitimacy of the speed-limit rule, which was first established in 2008. This rule requires vessels over 65 feet to travel at a maximum speed of 10 knots during specific times and locations along the East Coast.

Several conservation organizations, including Whale and Dolphin Conservation, Defenders of Wildlife, Conservation Law Foundation, and the Center for Biological Diversity, had sought to join the lawsuit. They argued that their goals align with those of the government in defending the rule, as it aims to prevent vessel strikes that threaten the survival of the North Atlantic right whale.

In their motion to intervene, the groups highlighted years of conflict with federal agencies over the protection of these whales. They also pointed to the Trump administration’s perceived hostility toward environmental regulations, citing its interest in limiting the scope of the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA). The motion warned that if the administration determined the speed-limit rule conflicted with its policy objectives, it might not vigorously defend the rule.

However, Judge Honeywell ruled that the conservation groups failed to provide evidence that the new administration had taken any actions that would jeopardize the enforcement of the rule. She noted that both the government and the groups share the same goal of upholding the vessel speed rule. “The government seeks to enforce plaintiff’s citation by defending the validity of the vessel speed rule, and conservation groups seek to protect right whales by defending the validity of the same rule,” she wrote.

The North Atlantic right whale is among the most endangered large whale species globally, with an estimated population of only 370 individuals. These whales migrate annually from areas such as New England and Canada to calving grounds off the coasts of Northeast Florida, Georgia, and South Carolina.

The lawsuit, which is being heard in federal court in Tampa, claims that NOAA lacks the legal authority to impose the speed-limit rule. It argues that if the rule is upheld, it could set a dangerous precedent by granting federal agencies excessive power to create regulations without sufficient oversight. The case raises broader questions about the balance between environmental protection and regulatory authority under U.S. law.

As the legal battle continues, the outcome could have significant implications for future efforts to safeguard vulnerable marine species and the rules that govern their protection.