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NORTHWEST ENVIRONMENTAL DEFENSE CENTER v. BRENNEN

Nos. 88-4228, 89-35401.

958 F.2d 930 (1992)

NORTHWEST ENVIRONMENTAL DEFENSE CENTER, et al., Plaintiff-Appellant, v. James W. BRENNEN, Assistant Administrator for Fisheries, et al., Defendant-Appellee. NORTHWEST ENVIRONMENTAL DEFENSE CENTER; Arthur Allen Burns, et al., Plaintiffs-Appellants, v. James W. BRENNEN, Assistant Administrator for Fisheries; National Marine Fisheries Service and Robert A. Mosbacher, Secretary of Commerce, Defendants-Appellees, and State of Oregon, et al., Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided March 11, 1992.

Attorney(s) appearing for the Case

Linda K. Williams, Portland, Or., for plaintiffs-appellants.

M. Alice Thurston, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before TANG, O'SCANNLAIN and RYMER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are asked to decide the validity of federal fishing regulations setting harvest limits for Oregon coastal coho salmon.

In these consolidated cases, appellants Northwest Environmental Defense Center, Oregon Trout, Inc., and Arthur Burns (collectively referred to as "NEDC") challenge regulations issued by the Secretary of Commerce. In both underlying cases, the district court granted summary judgment for the Secretary. Although...

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