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EARTH ISLAND INSTITUTE v. DALEY

No. 98-09-02818. Slip. Op. No. 99-32.

48 F.Supp.2d 1064 (1999)

EARTH ISLAND INSTITUTE, A California Nonprofit Corporation; Todd Steiner; the American Society for the Prevention of Cruelty to Animals, A New York Nonprofit Corporation; the Humane Society of the United States, A Delaware Nonprofit Corporation; and the Sierra Club, A California Nonprofit Corporation, Plaintiffs, v. William M. DALEY, Secretary of Commerce; Madeleine Albright, Secretary of State; Robert E. Rubin, Secretary of Treasury; Melinda Kimble, Acting Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs; Rolland A. Schmitten, Assistant Administrator for Fisheries, National Marine Fisheries Service; and Stuart E. Eizenstat, Under Secretary of State for Economic, Business and Agricultural Affairs, Defendants, and National Fisheries Institute, INC., Intervenor-Defendant.

United States Court of International Trade.

April 2, 1999.

Attorney(s) appearing for the Case

Legal Strategies Group (Joshua R. Floum and Louisa M. Daniels), Emeryville, CA, for the plaintiffs.

David W. Ogden, Acting Assistant Attorney General, and Lois J. Schiffer, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division (Lucius B. Lau) and Environment and Natural Resources Division, Wildlife and Marine Resources Section (Eileen Sobeck and Jane P. Davenport), U.S. Department of Justice; and Jay S. Johnson, Deputy General Counsel, National Oceanic and Atmospheric Administration, U.S. Department of Commerce; and Office of the Legal Advisor, U.S. Department of State (Violanda Botet), of counsel, for the defendants.1

Garvey, Schubert & Barer (Eldon V.C. Greenberg), Washington, DC, for the intervenor-defendant.

Memorandum & Order

AQUILINO, District Judge.

This case follows in the wake of legislation begun more than ten years ago in the Congress of the United States, followed by litigation in the U.S. District Court for the Northern District of California, continued in its Court of Appeals for the Ninth Circuit and then this Court of International Trade, followed by an appeal to the U.S. Court of Appeals for the Federal Circuit by the government and also...

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