Poseidon's Executive: How the Unitary Executive Theory Could Impact Coastal Fisheries [Note]

Abstract

Recent constitutional challenges to Regional Fishery Management Councils have trimmed away various minor powers that council members previously possessed to regulate coastal fisheries. Currently, district and appellate courts have shown restraint by refusing plaintiffs extreme remedies that threaten to disrupt the unique system of appointments that allow for state and tribal governments to negotiate for regulatory plans suitable for their unique local circumstances. With the ascendency of Unitary Executive Theory at the Supreme Court, this Note examines how an increasingly powerful Office of the President may negatively impact the profitability, sustainability, and inclusivity of coastal fisheries.