NORTH CAROLINA FISHERIES ASSOCIATION, INC., East Coast Fisheries Association, Georges Seafood, Inc., Fos-Fish, Inc., Luther Smith & Son, Homer Smith Seafood, Inc., Plaintiffs,
State of North Carolina, Plaintiff-Intervenor,
v.
Ronald H. BROWN, Secretary of Commerce, Defendant.
United States District Court, E.D. Virginia, Norfolk Division.https://leagle.com/images/logo.png
February 16, 1996.
February 16, 1996.
Attorney(s) appearing for the Case
Waverley Lee Berkley, III, Mark Steven Davis, McGuire, Woods, Battle & Boothe, Norfolk, VA, for North Carolina Fisheries Association, Inc., The East Coast Fisheries Association, Georges Seafood, Inc., Fos-Fish, Inc., Luther Smith & Son, Homer Smith Seafood, Inc.
Daniel F. McLawhorn, North Carolina Department of Justice, Raleigh, NC, Michael Vincent Hernandez, Professor, Chesapeake, VA, Thomas F. Moffitt, North Carolina Department of Justice, Special Deputy Attorney General, Raleigh, NC, Timothy D. Nifong, Asst. Atty. General, North Carolina Department of Justice, Raleigh, NC, for State of North Carolina.
George M. Kelley, III, United States Attorney's Office, Norfolk, VA, Samuel D. Rauch, III, U.S. Dept. of Justice, Env. & Natl. Res. Div., Wildlife & Marine Res. Section, Washington, DC, Allison Rumsey, U.S. Department of Justice, General Litigation Section, Environmental & Natural Resources Division, Washington, DC, for Ronald H. Brown.
George M. Kelley, III, United States Attorney's Office, Norfolk, VA, Samuel D. Rauch, III, U.S. Dept. of Justice, Env. & Natl. Res. Div., Wildlife & Marine Res. Section, Washington, DC, for Ronald H. Brown.
Brian L. Buniva, Mezzullo & McCandlish, Richmond, VA, Beth S. Ginsberg, Bogle & Gates, Washington, DC, for American Sportfishing Association, Coastal Conservation Association, amici.
Patrick Andrew O'Hare, Hazel & Thomas, Richmond, VA, Paul A. Lenzini, Jeffrey O. Moreno, Donelan, Cleary, Wood & Maser, P.C., Washington, DC, for Atlantic States Marine Fisheries Commission.
United States District Court, E.D. Virginia, Norfolk Division.
OPINION AND ORDER
DOUMAR, District Judge.
This case involves a challenge to a final rule promulgated by Ronald H. Brown, Secretary of Commerce ("Secretary"), which imposes a moratorium on the possession and harvesting of Atlantic Coast weakfish ("weakfish") in the Exclusive Economic Zone ("EEZ"). The parties bringing this challenge, a coalition of fishermen and seafood processors, joined by a sovereign state, seek a permanent injunction to prevent...
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