AMERICAN CETACEAN SOC. v. BALDRIGE

Nos. 85-5251, 85-5252.

768 F.2d 426 (1985)

AMERICAN CETACEAN SOCIETY, et al. v. Malcolm BALDRIGE, Secretary of Commerce, et al., Appellants Japan Whaling Association, et al. AMERICAN CETACEAN SOCIETY, et al. v. Malcolm BALDRIGE, Secretary of Commerce, et al. Japan Whaling Association, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 1985.


Attorney(s) appearing for the Case

Dianne H. Kelly, Atty., Dept. of Justice, Washington, D.C., with whom F. Henry Habicht, II, Asst. Atty. Gen., Donald A. Carr and Martin W. Matzen, Attys., Dept. of Justice, Washington, D.C., and Robert J. McManus, Atty., Dept. of Commerce, Washington, D.C., were on the brief, for the federal appellants.

Scott C. Whitney, Washington, D.C., with whom Steven R. Perles, Washington, D.C., was on the brief, for appellants Japan Fisheries Association and Japan Whaling Association.

James A. Beat, Washington, D.C., with whom William D. Rogers and John F. Libby, Washington, D.C., were on the brief, for appellees.

Before WRIGHT and TAMM, Circuit Judges, and OBERDORFER, District Judge.


Opinion for the court filed by Circuit Judge WRIGHT.

Dissenting opinion filed by District Judge OBERDORFER.

J. SKELLY WRIGHT, Circuit Judge:

In this case we review a decision of the District Court that the Secretary of Commerce must, under the Pelly and Packwood-Magnuson Amendments, see 22 U.S.C. § 1978 (1982); 16 U.S.C. § 1821(e)(2) (1982), certify Japan as "diminish[ing] the effectiveness...

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