The Ninth Circuit Court of Appeals just affirmed the use of geographic sub-regions to determine the impact of commercial fishing on critical habitat and population levels. The case is Alaska v. Lubchenko and the opinion can be found here.From the court's summary:The panel affirmed the district court’s judgment rejecting the claims of fishing
Current Affairs
Damon Key Serves the Public – Lyon Arboretum
Damon Key's attorneys, staff, friends and families donated their Saturday on a wonderful community service project at Manoa's Lyon Arboretum.
The University of Hawai'i’s Lyon Arboretum andBotanical Garden is creating one of Hawaii’sfirst sustainable gardens. The Arboretum consists ofalmost 200 acres used for research and community education. The Ulu garden has been designed to educatehomeowners…
Universal Crimes, Extraterritorial Jurisdiction and an Educational Conference in North Carolina?
So, apparently I'm not the only person to get emails offering Canadian pharmaceuticals or random free stuff. The federal government is not above the email ruse to bring an alleged pirate to justice.The Court of Appeals for the D.C. Circuit just handed down a decision upholding the prosecution of an alleged Somali pirate or pirate-helper.…
New Video: Federal Appeals – My Presentation to the Hawaii State Bar Appellate Law Section
On April 15, 2013, I was pleased to be on a panel discussing federal appeals. My co-panelists were Judge Rick Clifton of the Ninth Circuit Court of Appeals and Clare Connors of the Davis Levin Livingston firm.
Lots of pointers about fonts, briefs, and oral arguments.
Damon Key Turns 50 Today
Tough Month for Environmental Groups in Ninth Circuit – Shell Offshore v. Greenpeace
Earlier this month, the Ninth Circuit Court of Appeals shot down the Sea Shepherd Conservation Society on a piracy theory (my post here). This week, Greenpeace is in the hotseat. This case arises from a preliminary injunction obtained by Shell Oil Company against Greenpeace for protest activities in the Arctic. The case is Shell…
U.H. Law Panel on Hawaii’s Public Land Development Corporation
(I'm not sure who captured and posted the above video — it wasn't me — but to whomever did so, thank you.)Earlier this week, I spoke at the University of Hawaii Law School on a panel about "The PLDC and Property Rights in Hawaii." PLDC refers to the Public Land Development Corporation, a…
Foster Gardens Skyview
On Asteroids….
Whew – we have appeared to have dodged that one.
As a smart secret agent used to say:
Criticism of the Jones Act – Natural Disasters
Ah, the Jones Act.In the wake of Hurricane Sandy, the President waived the Jones Act provisions barring foreign built tankers from carrying cargo between U.S. ports.Is it a "statutory relic" which is outdated and counter-productive? Does it cause consumer prices to increase, unfairly hitting remote communities like Alaska, Hawaii and Puerto Rico? Should it…

