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PERSONAL WATERCRAFT v. DEPT. OF COMMERCE

Nos. 93-5336 & 93-5348.

48 F.3d 540 (1995)

PERSONAL WATERCRAFT INDUSTRY ASSOCIATION; A. Mason Killebrew, Jr.; Derek Coppersmith, Appellees/Cross-Appellants, v. DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration, Appellants/Cross-Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 1995.

Attorney(s) appearing for the Case

Ellen J. Durkee, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause for appellants. With her on the briefs were Lois J. Schiffer, Acting Asst. Atty. Gen., Charles R. Shockey and David C. Shilton, Attys., U.S. Dept. of Justice, Washington, DC.

Robert B. Dickson, Washington, DC, argued the cause for appellees. With him on the brief were Michael A. Wiegard and Randall M. Stone, Washington, DC.

Before: BUCKLEY, RANDOLPH, and TATEL, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

These are cross-appeals from the district court's judgment setting aside one of the regulations designed to protect and preserve the Monterey Bay National Marine Sanctuary off the central California coast. The regulation governs the use of "motorized personal watercraft" — jet skis, wet bikes, miniature speed boats, air boats, hovercraft, and the like — on the Sanctuary...

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