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JAPAN WHALING ASSN. v. AMERICAN CETACEAN SOC.

No. 85-954.

478 U.S. 221 (1986)

JAPAN WHALING ASSOCIATION ET AL. v. AMERICAN CETACEAN SOCIETY ET AL.

Supreme Court of United States.

Decided June 30, 1986

Attorney(s) appearing for the Case

Associate Attorney General Burns argued the cause for petitioners in No. 85-955. With him on the briefs were Solicitor General Fried, Assistant Attorney General Habicht, Deputy Solicitor General Wallace, Peter R. Steenland, Jr., Donald A. Carr, Dianne H. Kelly, and Abraham D. Sofaer. Scott C. Whitney argued the cause for petitioners in No. 85-954. With him on the briefs were Steven R. Perles and William H. Allen.

William D. Rogers argued the cause for respondents in both cases. With him on the brief were James A. Beat and Donald T. Hornstein.†

JUSTICE WHITE delivered the opinion of the Court.

In these cases, we address the question whether, under what are referred to in these cases as the Pelly and Packwood Amendments, 85 Stat. 786, as amended, 22 U. S. C. § 1978; 90 Stat. 337, as amended, 16 U. S. C. § 1821 (1982 ed. and Supp. III), the Secretary of Commerce is required to certify that Japan's whaling practices "diminish the effectiveness" of the International Convention for the Regulation of...

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