Southeastern Legal Foundation celebrates huge win: NOAA withdraws unconstitutional boating rule

[January 17, 2025] Today, Southeastern Legal Foundation celebrates a great win against the National Oceanic and Atmospheric Administration’s (NOAA) unconstitutional rule making. NOAA has made the common sense decision to withdraw this rule that made it a crime for any boat over 35 feet to go more than 10 knots an hour over nearly the entire Atlantic Coast, slower than an average golf cart. Withdrawing the rule guarantees it will not go into effect.

SLF has called out this rule and a prior 2008 rule that imposed similar restrictions for boats over 65 feet, an unconstitutional reach of administrative power. In fact, SLF released an illuminating video showcasing how NOAA’s rule – on top of being unconstitutional and a gross overreach of power – would also cause the destruction of people’s livelihoods across the Eastern Seaboard. This video showed the power of personal stories and gave proof to the Biden/Harris Administration that their rule would harm far more than it would help.

Americans and the whales need a durable solution, one based on technology that makes allies and not enemies out of those who work on the water. The battle still stands in fighting against the 2008 rule, and SLF is actively pursuing a petition against this rule to ensure that all people’s rights are protected. This rule must be either amended or repealed, and SLF is confident the 2008 rule will follow the way of the 2025 rule.

Southeastern Legal Foundation Vice President of Litigation Braden Boucek said, “We are proud of our part in fighting back against NOAA. In releasing this video, along with our petition related to the 2008 mandates, we have given the people most hurt by these heavy handed rules their voices back. The administrative state denies everyday Americans their rights, demolishes businesses, and destroys entire ways of life. We are glad the new rule has been withdrawn.”

Download press release.

 

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