(United States Ninth Circuit) - In an action challenging the fee imposed on plaintiff pursuant to the National Marine Fisheries Service's (NMFS) cost recovery program developed under the Magnuson-Stevens Fishery Conservation and Management Act for a fishery management plan, the District Court's grant of summary judgment to defendant agency is: 1) affirmed in allotment where the agency had the authority to require plaintiff to pay a cost recovery fee; but 2) reversed in allotment and remanded where the agency's calculation of the amount of the 2014 cost recovery fee was inconsistent with its own regulations.
Source: findlaw.com