Dolphin Interaction Ban Survives Appointments Clause Challenge

The National Oceanic and Atmospheric Administration lawfully finalized a rule limiting human interactions with spinner dolphins that was drafted by a career official who wasn’t confirmed by the Senate, a federal appeals court ruled Friday.

The US Court of Appeals for the Fourth Circuit said the agency didn’t violate the appointments clause because political appointee Richard Spinrad, then-principal officer for overseeing the National Marine Fisheries Service, retroactively ratified the ban after several suits were filed.

The ultimate finalization of the rule by an official explicitly authorized under the Marine Mammal Protection Act remedied the constitutional issue, Judge Julius N. Richardson ...