US Southeast shrimp skimmer-trawl turtle excluder device rule (2019) and the Louisiana Shrimp Association litigation
- NMFS estimated that inshore shrimp fleets may cause 2,165-2,942 deaths of my sea turtles a year, across all species. Federal Register (via govinfo.gov)
- NMFS expected its rule to save 801-1,168 of my sea turtles a year, across all species. Federal Register (via govinfo.gov)
- Company or project Louisiana Shrimp Association: Argued there was "minimal or no interaction between sea turtles and shrimpers in inshore areas". pelicanpolicy.org
- Government and regulators NMFS: Estimated in the final rule that inshore fleets may cause 2,165-2,942 turtle deaths a year and that the rule is expected to save 801-1,168 a year (all species). Federal Register (via govinfo.gov)
- Courts District court and Fifth Circuit: The district court dismissed the case on 27 June 2025 and the Fifth Circuit affirmed on 28 August 2026. Earthjustice
A final rule of 20 December 2019 requires turtle excluder devices on skimmer trawls of 40 ft and longer. The Louisiana Shrimp Association sued in January 2024; the district court dismissed on 27 June 2025 and the Fifth Circuit affirmed on 28 August 2026.
Estimate in NMFS's final rule; all sea turtle species. Inshore fleets may cause 2,165-2,942 turtle deaths a year.
Status As of September 2026: the Fifth Circuit affirmed on 28 August 2026 the district court's dismissal of Louisiana Shrimp Association v. Biden (Earthjustice release of 1 September 2026).
- Sea turtles (all species) — The rule is expected to save 801-1,168 turtle deaths a year Federal Register (via govinfo.gov)
- Shrimp vessel owners (1,062 vessels) — First-year cost of $3.67 million: $2.29 million lost revenue plus $1.38 million TED costs Federal Register (via govinfo.gov)
- Louisiana Shrimp Association — Its suit was dismissed on 27 June 2025 and the dismissal affirmed on 28 August 2026 Earthjustice
- Sea turtles (all species) — Inshore fleets may cause 2,165-2,942 turtle deaths a year Federal Register (via govinfo.gov)
What happened
NMFS's final rule of 20 December 2019 (84 FR 70048) requires turtle excluder devices (TEDs) on skimmer trawls of 40 ft and longer. The rule's estimates are that inshore fleets may cause 2,165-2,942 turtle deaths a year and that the rule is expected to save 801-1,168 a year, across all species.
The rule's first-year cost is given as $3.67 million, made up of $2.29 million in lost revenue and $1.38 million in TED costs, for 1,062 vessels. A TED costs $325-550.
The Louisiana Shrimp Association sued on 17 January 2024 (case name Louisiana Shrimp Association v. Biden). The plaintiffs argued there was "minimal or no interaction between sea turtles and shrimpers in inshore areas".
The district court dismissed the case on 27 June 2025. The Fifth Circuit affirmed on 28 August 2026, according to an Earthjustice release of 1 September 2026.
- 2019NMFS final rule (20 Dec, 84 FR 70048) requires TEDs on skimmer trawls of 40 ft and longer
- 2024Louisiana Shrimp Association sues (17 Jan)
- 2025District court dismisses the case (27 Jun)
- 2026Fifth Circuit affirms (28 Aug); Earthjustice release (1 Sep)
What was said
“minimal or no interaction between sea turtles and shrimpers in inshore areas”
Where accounts differ
Each party's account, side by side, with its source. The record does not settle these points; it shows them.
Argued there was "minimal or no interaction between sea turtles and shrimpers in inshore areas".
pelicanpolicy.orgEstimated in the final rule that inshore fleets may cause 2,165-2,942 turtle deaths a year and that the rule is expected to save 801-1,168 a year (all species).
Federal Register (via govinfo.gov)The district court dismissed the case on 27 June 2025 and the Fifth Circuit affirmed on 28 August 2026.
EarthjusticeHow it looked
Shown
Recorded
- Final rule of 20 December 2019 (84 FR 70048): TEDs required on skimmer trawls of 40 ft and longer.
- Estimated 2,165-2,942 turtle deaths a year from inshore fleets; the rule is expected to save 801-1,168 a year (all species).
- First-year cost of $3.67 million ($2.29 million lost revenue plus $1.38 million TED costs) for 1,062 vessels; a TED costs $325-550.
- Louisiana Shrimp Association sued on 17 January 2024; the district court dismissed on 27 June 2025.
- The Fifth Circuit affirmed on 28 August 2026 (Earthjustice release, 1 September 2026).
Who gained
Reached nature or the ground
Gained elsewhere
Responses on record
- NMFS (2019-12-20): The final rule of 20 December 2019 requires TEDs on skimmer trawls of 40 ft and longer, and estimates 801-1,168 turtle deaths a year saved across all species. · Federal Register (via govinfo.gov)
- Louisiana Shrimp Association (2024-01-17): Sued on 17 January 2024; the plaintiffs argued there was "minimal or no interaction between sea turtles and shrimpers in inshore areas". · pelicanpolicy.org
In court and with insurers
Lawsuits and rulings
- 2024-01-17–2025-06-27DismissedLouisiana Shrimp Association v. Biden (district court)US district court · Civil · Louisiana Shrimp Association → Federal defendants named in the case caption
The Louisiana Shrimp Association sued on 17 January 2024. The plaintiffs argued there was "minimal or no interaction between sea turtles and shrimpers in inshore areas". The district court dismissed the case on 27 June 2025. pelicanpolicy.org
- 2026-08-28Defendant wonLouisiana Shrimp Association v. Biden (appeal)US Court of Appeals for the Fifth Circuit · Appeal · Louisiana Shrimp Association → Federal defendants named in the case caption
The Fifth Circuit affirmed on 28 August 2026, according to an Earthjustice release of 1 September 2026. Earthjustice
Insurers
What nature saw
Nature's report opens this page. Below: further outcomes measured on the ground.
What we don't know
Nature
- Disputed Whether sea turtles interact with shrimpers in inshore areas
Did the harm stop?
The rule has required TEDs on skimmer trawls of 40 ft and longer since the final rule of 20 December 2019, and the Fifth Circuit affirmed the dismissal of the suit on 28 August 2026. The sources reviewed give an expected reduction of 801-1,168 turtle deaths a year (all species), an estimate.
Who paid?
The final rule estimates a first-year cost of $3.67 million ($2.29 million lost revenue plus $1.38 million TED costs) for 1,062 vessels; a TED costs $325-550.
Sources
Government and regulators
- Federal Register final rule of 20 December 2019 (84 FR 70048): turtle excluder devices on skimmer trawlsFederal Register (via govinfo.gov) · 2019-12-20
Communities and civil society
- Earthjustice press release of 1 September 2026 on the Fifth Circuit rulingEarthjustice · 2026-09-01
- Case page: Louisiana Shrimp Association v. Biden (pelicanpolicy.org)pelicanpolicy.org ·
Connected cases
- Hawaii shallow-set longline swordfish fishery: loggerhead interaction limits, Ninth Circuit ruling and 2018 closure United States · 2004–2020
- National Marine Fisheries Service (Public authority) — here: Issued the final rule of 20 December 2019; there: Defendant; issued the 2012 and 2019 biological opinions
- Earthjustice (NGO) — here: Published the release of 1 September 2026 on the Fifth Circuit ruling; there: Named with the plaintiffs
- Bayou Bridge pipeline arrests (Louisiana) United States · 2018–2025
- US Court of Appeals for the Fifth Circuit (Court) — here: Affirmed on 28 August 2026; there: Appeals court that affirmed the ruling on the challenge to the law
- Bears Ears national monument shrinkage (USA) United States · 2016–2026
- Earthjustice (NGO) — here: Published the release of 1 September 2026 on the Fifth Circuit ruling; there: Reported the mining claims
- California and Oregon drift gillnet fishery: Pacific Loggerhead Conservation Area and the SB 1017 buyout United States · 2000–2018
- National Marine Fisheries Service (Public authority) — here: Issued the final rule of 20 December 2019; there: Issued the 2000 biological opinion and the 2003 final rule
- FPL St. Lucie nuclear plant cooling-water intake and sea turtles, Hutchinson Island, Florida United States · 1976–2016
- National Marine Fisheries Service (Public authority) — here: Issued the final rule of 20 December 2019; there: Issued a new biological opinion on 24 March 2016
- NOAA certifications of Mexico for loggerhead bycatch in the Gulf of Ulloa Mexico · 2013–2026
- National Marine Fisheries Service (Public authority) — here: Issued the final rule of 20 December 2019; there: NOAA Fisheries; issued the certification statements
- Removal of the Endangered Species Act 'harm' definition United States · 2025–2026
- National Marine Fisheries Service (Public authority) — here: Issued the final rule of 20 December 2019; there: Agency that removed the definition from its regulations
- Soviet whaling catches and the reports to the IWC, 1948–1979 Russia · 1948–1994
- National Marine Fisheries Service (Public authority) — here: Issued the final rule of 20 December 2019; there: Co-funder of the research reconstructing the catches
- US Atlantic pelagic longline fishery: loggerhead take limits, Northeast Distant area reopened to circle hooks (2004) and Oceana v. Gutierrez (2007) United States · 2001–2007
- National Marine Fisheries Service (Public authority) — here: Issued the final rule of 20 December 2019; there: Take statement, opinion of 1 June 2004 and rule of 6 July 2004
- US coal ash ponds, groundwater contamination and EPA delay United States · 2015–2026
- Earthjustice (NGO) — here: Published the release of 1 September 2026 on the Fifth Circuit ruling; there: Environmental law group
- US Congress lifts 2023 mining ban on Minnesota's Boundary Waters United States · 2023–2026
- Earthjustice (NGO) — here: Published the release of 1 September 2026 on the Fifth Circuit ruling; there: advocacy group reporting the removal
- US Endangered Species Act listing of nine loggerhead population segments (2011) and marine critical habitat (2014) United States · 2007–2014
- National Marine Fisheries Service (Public authority) — here: Issued the final rule of 20 December 2019; there: Designated 38 marine areas as critical habitat on 10 July 2014
- US Endangered Species Act rollbacks 2025–2026 (God Squad Gulf exemption, critical habitat rules) United States · 2025–2026
- Earthjustice (NGO) — here: Published the release of 1 September 2026 on the Fifth Circuit ruling; there: NGO that stated an intention to sue