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GREENPEACE ACTION v. FRANKLIN

No. 91-36062.

982 F.2d 1342 (1992)

GREENPEACE ACTION, a non-profit corporation, Plaintiff-Appellant, v. Barbara H. FRANKLIN, in her official capacity as Secretary of Commerce; William W. Fox, Jr., in his official capacity as Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration; National Marine Fisheries Service, Defendants-Appellees, and Chris Blackburn, d/b/a Alaska Groundfish Data Bank, et al.; State of Alaska, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 29, 1992.

Attorney(s) appearing for the Case

Victor M. Sher, Sierra Club Legal Defense Fund, Seattle, WA, for plaintiff-appellant.

J. Carol Williams, U.S. Dept. of Justice, Washington, DC, for defendants-appellants.

Stephen M. White, Asst. Atty. Gen., Juneau, AK, for defendant-intervenor-appellee.

Michael T. Thomas, Robertson, Monagle & Eastaugh, Arlington, VA, for defendants-intervenors-appellees.

Before: HALL, O'SCANNLAIN, and LEAVY, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

On June 26, 1991, Greenpeace Action ("Greenpeace") filed a complaint against the Secretary of Commerce (the "Secretary") alleging violations of the National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321-4347, and section 7(a)(2) of the Endangered Species Act ("ESA"), 16 U.S.C. § 1536(a)(2), by the Secretary and the National Marine Fisheries Service (the "Service...

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