NORTH CAROLINA FISHERIES ASS'N, INC. v. DALEY

Civil Action No. 2:97CV339.

16 F.Supp.2d 647 (1997)

NORTH CAROLINA FISHERIES ASSOCIATION, INC. and Georges Seafood, Inc., Plaintiffs, State of North Carolina, ex rel. James B. Hunt, Jr., Governor, and North Carolina Department of Environment, Health and Natural Resources, Plaintiffs-Intervenors, v. William M. DALEY, Secretary of Commerce, Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

October 10, 1997.


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., and Georges Seafood, Inc., Plaintiffs.

Michael Vincent Hernandez, Professor, Regent University School of Law, Virginia Beach, VA, Amy R. Gillespie, North Carolina Department of Justice, Raleigh, VA, Daniel F. McLawhorn, North Carolina Dept. of Environment & Natural Resources, Raleigh, NC, for the State of North Carolina, and North Carolina Department of Environment and Natural Resources, Intervenor-Plaintiffs.

George M. Kelley, III, U.S. Attorney's Office, Norfolk, VA, Lois J. Schiffer, U.S. Dept. of Justice, Environmental Enforcement Section, Washington, DC, Eileen Sobeck, Office of the Attorney General, Environment & Natural Resources Div., Wildlife & Marine Resources Section, Washington, DC, Warigia Bowman, Wildlife and Marine Resources Section, U.S. Dept. of Justice, Washington, DC, for William M. Daley, Defendant.

Richard Ernest John Slaney, Wolcott, Rivers, Wheary, Basnight & Kelly, P.C., Virginia Beach, VA, for Natural Resources Defense Council, Movant.


ORDER & OPINION

DOUMAR, District Judge.

In its simplest terms, this case is an effort by the fisherman of North Carolina to increase the amount of summer flounder that they are authorized to land for the year 1997. Much of the problem centers on an overfishing of some 592,748 pounds of fish which they allegedly caught in excess of their quota in the year 1995. In addition, Plaintiffs and Intervenor...

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