EARTH ISLAND INSTITUTE v. CHRISTOPHER

Slip Op. 96-165. Court No. 94-06-00321.

942 F.Supp. 597 (1996)

EARTH ISLAND INSTITUTE, a California Nonprofit Corporation; Todd Steiner; The American Society for the Prevention of Cruelty to Animals, a New York Nonprofit Corporation; and The Humane Society of the United States, a Delaware Nonprofit Corporation, The Sierra Club, a California Nonprofit Corporation; and The Georgia Fishermen's Association, Inc., a Georgia Corporation, Plaintiffs, v. Warren CHRISTOPHER, Secretary of State; Robert E. Rubin, Secretary of Treasury; Elinor G. Constable, Assistant Secretary of State for the Bureau of Oceans, International Environmental, and Scientific Affairs; Michael Kantor, Secretary of Commerce; and Rolland A. Schmitten, Assistant Administrator for Fisheries, National Marine Fisheries Service, Defendants, and National Fisheries Institute, Inc., Intervenor-Defendant.

United States Court of International Trade.

October 8, 1996.


Attorney(s) appearing for the Case

Legal Strategies Group, Joshua R. Floum, Emerville, CA, for plaintiffs.

Frank W. Hunger, Assistant Attorney General; Lois J. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Jeffrey M. Telep and Environment & Natural Resources Division, Eileen Sobeck and Christiana P. Perry, U.S. Department of Justice; and Office of the Legal Adviser, U.S. Department of State, David Balton, Office of General Counsel, National Oceanic and Atmospheric Administration, Jason Patlis, and Office of the Chief Counsel, U.S. Customs Service, Lou Brenner, Jr., of counsel, for defendants.

Garvey, Schubert & Barer, Eldon V.C. Greenberg, Washington, DC, for intervenor-defendant.


Opinion & Order

AQUILINO, Judge:

In the wake of the court's opinion of December 29, 1995 herein, 19 CIT ___, 913 F.Supp. 559, appeals dismissed, 86 F.3d 1178 (Fed.Cir.1996), and final judgment in accordance therewith and with subsequent slip op. 96-62, 20 CIT ___, 922 F.Supp. 616 (1996), the defendants have promulgated (and formally filed) Dep't of State, Revised...

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