The plaintiffs, Burl Lewis and Larry “Boo” Powely, who are associated with the Harvesters Land and Sea Coalition, had to prove a likelihood they would succeed in court. They also had to prove there would be irreparable harm to the watermen and the public if the motion wasn’t granted.
Though Mitchell said the plaintiffs could have a likelihood of succeeding in the case, he said proving there would be irreparable harm is where “the plaintiffs’ efforts fall short of the standard.”
At this time, Mitchell said, the plaintiffs could not prove that.
Besides seeking injunctive relief from the menhaden regulations, the plaintiffs were also seeking a temporary restraining order on the regulations for the rest of October, specifically the 6,000 pound daily bycatch allowance. The motions were filed on Oct. 18, but the case was not assigned to Mitchell until Oct. 28, and not heard until Wednesday.
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