CALIFORNIA SEA URCHIN COM'N v. BEAN

No. 14-55580.

828 F.3d 1046 (2016)

CALIFORNIA SEA URCHIN COMMISSION; California Abalone Association; California Lobster and Trap Fishermen's Association; Commercial Fishermen of Santa Barbara, Plaintiffs-Appellants, v. Michael BEAN, in his official capacity as Acting Assistant Secretary for Fish and Wildlife & Parks, Department of Interior; Daniel M. Ashe, in his official capacity as Director of the United States Fish and Wildlife Service; United States Fish & Wildlife Service, Defendants-Appellees, and Friends of the Sea Otter; Humane Society of the United States; Defenders of Wildlife; Center for Biological Diversity; The Otter Project; Environmental Defense Center; Los Angeles Waterkeeper, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2016.


Attorney(s) appearing for the Case

Jonathan Wood (argued) and Damien M. Schiff , Pacific Legal Foundation, Sacramento, California, for Plaintiffs-Appellants.

Rachel Heron (argued), Daniel J. Pollak , John L. Smeltzer , and Vivian H.W. Wang , Attorneys; Sam Hirsch , Acting Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Lynn Cox , Office of the Solicitor, United States Department of the Interior; for Defendants-Appellees.

Before: Alex Kozinski, William A. Fletcher, and Ronald M. Gould, Circuit Judges.


OPINION

Plaintiffs, California Sea Urchin Commission and other commercial fishing groups, appeal the district court's dismissal of their complaint alleging that the U.S. Fish and Wildlife Service (FWS) violated its statutory authority under Public Law 99-625 by terminating a translocation program for the southern...

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