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EARTH ISLAND INSTITUTE v. MOSBACHER

No. 90-16581.

929 F.2d 1449 (1991)

EARTH ISLAND INSTITUTE, a California nonprofit corporation; Marine Mammal Fund, a California corporation; David R. Brower, Plaintiffs-Appellees, v. Robert A. MOSBACHER, Secretary of Commerce; John Knauss, Dr., Administrator, National Oceanic and Atmospheric Administration; William W. Fox, Jr., Assistant Administrator, National Marine Fisheries Service; Nicholas F. Brady, Secretary of the Treasury, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 11, 1991.

Attorney(s) appearing for the Case

Albert M. Ferlo, Jr., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Joshua R. Floum, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for plaintiffs-appellees.

Before SCHROEDER, CANBY, and NOONAN, Circuit Judges.

SCHROEDER, Circuit Judge:

The government appeals from a preliminary injunction entered October 19, 1990, which enjoined the importation of yellowfin tuna from Mexico. The plaintiffs who sought the injunction are the Earth Island Institute, the Marine Mammal Protection Fund and David Brower, environmentalist (collectively termed "Earth Island"), all concerned with the enforcement of the Marine Mammal Protection Act ("MMPA" or "Act"). Congress amended the MMPA in 1988...

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