STATE OF LA. EX REL. GUSTE v. VERITY

No. 88-3185.

853 F.2d 322 (1988)

STATE OF LOUISIANA, ex rel. William J. GUSTE, Jr., et al., Plaintiffs-Appellants, and Concerned Shrimpers of Louisiana, Intervenor-Appellant, v. C. William VERITY, Jr., Secretary, United States Department of Commerce, et al., Defendants-Appellees, and The Environmental Defense Fund, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

August 15, 1988.


Attorney(s) appearing for the Case

John B. Sheppard, Jr., Asst. Atty. Gen., William G. Guste, Jr., Atty. Gen., Baton Rouge, La., for State of La.

Von Hoene & Skrmetta, Eric F. Skrmetta, William L. Von Hoene, Jr., New Orleans, La., for Concerned Shrimpers.

John Volz, U.S. Atty., S. Mark Gallinghouse, Asst. U.S. Atty., New Orleans, La., for other defendants-appellees.

David J. Hayes, Vicki L. Plaut, Dept. of Justice, Peter R. Steenland, Jr., Washington, D.C., for C. William Verity.

Gerald E. Meunier, New Orleans, La., Barbara E. Pace, Washington, D.C., for Environmental Defense.

Before GEE, DAVIS, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Appellants, the State of Louisiana and the Concerned Shrimpers of Louisiana ("Concerned Shrimpers"), appealed the district court's entry of summary judgment in favor of the Commerce Department, upholding in all respects the Secretary's regulations requiring shrimp trawlers to install and use "turtle excluder devices," also known as "TEDs," in their nets or to limit their trawling to 90 minutes or less at a time. On July 11, 1988, six...

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