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FISHERMEN'S DOCK CO-OP., INC. v. BROWN

No. 95-1002.

75 F.3d 164 (1996)

FISHERMEN'S DOCK COOPERATIVE, INCORPORATED, of Point Pleasant Beach, New Jersey; Belford Seafood Cooperative, of Belford, New Jersey; Wanchese Fish Company, of Virginia, North Carolina and Massachusetts; Seafarers International Union, Plaintiffs-Appellees, v. Ronald H. BROWN, Secretary of Commerce, Defendant-Appellant, Natural Resources Defense Council, Incorporated; American Sportfishing Association; Center For Marine Conservation; Chesapeake Bay Foundation; Coastal Conservation Association; Conservation Law Foundation, Incorporated; Environmental Defense Fund, Incorporated; Long Island Soundkeeper Fund; National Audubon Society; Trout Unlimited, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 2, 1996.

Attorney(s) appearing for the Case

ARGUED: Jonathan Flint Klein, United States Department of Justice, Washington, D.C., for Appellant. David Earl Frulla, Brand, Lowell & Ryan, P.C., Washington, D.C., for Appellees. ON BRIEF: Lois J. Schiffer, Assistant Attorney General, Robert L. Klarquist, Charles W. Brooks, United States Department of Justice, Washington, D.C.; Helen F. Fahey, United States Attorney, George M. Kelley, III, Assistant United States Attorney, Norfolk, Virginia; Mariam McCall, Joel G. MacDonald, Office of the General Counsel, National Oceanic and Atmospheric Administration, Silver Spring, Maryland, for Appellant. Stanley M. Brand, Brand, Lowell & Ryan, P.C., Washington, D.C., for Appellees. Peter Lehner, Sarah Chasis, William Schrenk, Natural Resources Defense Council, Inc., New York, New York, for Amici Curiae.

Before NIEMEYER and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Reversed by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge NIEMEYER and Judge MICHAEL joined.

OPINION

PHILLIPS, Senior Circuit Judge:

The Secretary of Commerce (the Secretary) appeals a district court order that invalidated the Department of Commerce's commercial catch quota for summer flounder for 1994 and that imposed another quota in its place. Because the district court misapplied the statutory requirement that the...

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