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EARTH ISLAND INSTITUTE v. ALBRIGHT

Nos. 97-1085, 97-1086.

147 F.3d 1352 (1998)

EARTH ISLAND INSTITUTE, Todd Steiner, The American Society for the Prevention of Cruelty to Animals, The Humane Society of the United States, The Sierra Club and the Georgia Fisherman's Association, Inc., Plaintiffs-Appellees, v. Madeleine K. ALBRIGHT, Secretary of State, Robert E. Rubin, Secretary of The Treasury, Eileen V. Claussen, Ass't Secretary of State For The Bureau of Oceans, William M. Daley, Secretary of Commerce and Rolland A. Schmitten, Assistant Administrator for Fisheries, Defendants-Appellants. and National Fisheries Institute Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 4, 1998.

Attorney(s) appearing for the Case

Josha R. Floum, Legal Strategies Group, Emeryville, CA, argued, for plaintiffs-appellees.

M. Alice Thurston, Atty., Appellate Section, Environment & Natural Resources Division, U.S. Dept. of Justice, Washington, DC, argued, for defendants-appellants. With her on brief were Lois J. Schiffer, Asst. Atty. Gen. Also on brief were Frank W. Hunger, Asst. Atty. Gen., Civil Division, Commercial Litigation Branch, U.S. Dept. of Justice, Washington, DC; Christiana Perry, and Albert M. Ferlo, Attys., Enviroment & Natural Resources Division; David M. Cohen, Director, and Jeffrey M. Telep, Atty., Civil Division. Of counsel were Mark A. Melnick, Atty., Civil Division, U.S. Dept. of Justice; David Blaton, Atty., Office of Legal Counsel, U.S. Dept. of State, Washington, DC; and Jason M. Patlis, Atty., National Oceanic and Atmospheric Administration, of Silver Spring, MD.

Eldon V.C. Greenberg, Garvey Schubert, Washington, DC, for defendant-appellant National Fisheries Institute, Inc.

Before RICH, NEWMAN, and RADER, Circuit Judges.

RADER, Circuit Judge.

Earth Island Institute (Earth Island) challenged the State Department's implementation of a 1989 law designed to ensure that shrimp entering the United States were caught in trawls equipped with turtle excluder devices (TEDs). Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act of 1990, Pub.L. No. 101-162, § 609, 103 Stat. 988, 1037 (Nov. 21, 1989...

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