NEW YORK STATE TRAWLERS ASS'N v. JORLING

No. 569, Docket 93-7571.

16 F.3d 1303 (1994)

NEW YORK STATE TRAWLERS ASSOCIATION, Lauren Ridge and Duncan Ridge, Plaintiffs-Appellants, v. Thomas C. JORLING, Commissioner, New York State Department of Environmental Conservation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 18, 1994.


Attorney(s) appearing for the Case

Leon Friedman, New York, NY (Erica Horwitz, Richard Ware Levitt, Nicholas Kaizer, Lefcourt & Dratel, of counsel), for plaintiffs-appellants.

Gregory J. Nolan, Assistant Attorney General, New York, NY (Robert Abrams, Attorney General, Andrea Green, Deputy Solicitor General, Leslie Allan, Assistant Attorney General, of counsel), for defendant-appellee.

Before: OAKES, KEARSE and ALTIMARI, Circuit Judges.


OAKES, Senior Circuit Judge:

I. BACKGROUND

In July 1990, New York amended its Environmental Conservation Law to prohibit anyone owning or operating or on board a vessel equipped with trawling nets from taking, landing, or possessing lobsters in Long Island Sound. N.Y.Envtl.Conserv.Law § 13-0329(1) and (2)(c) (McKinney Supp.1993) (the "Amendments"). The Amendments became effective on January 1, 1991.

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