TURTLE ISLAND RESTORATION NETWORK v. MALLETT

Slip Op. 00-85, Court No. 98-09-02818.

110 F.Supp.2d 1005 (2000)

TURTLE ISLAND RESTORATION NETWORK, A California Nonprofit Corporation; Todd Steiner; the American Society for the Prevention of Cruelty to Animals, A New York Non-profit Corporation; the Humane Society of the United States, A Delaware Nonprofit Corporation; and the Sierra Club, A California Nonprofit Corporation, Plaintiffs, v. Robert L. MALLETT, Acting Secretary of Commerce; Madeleine Albright, Secretary of State; Lawrence H. Summers, Secretary of Treasury; David B. Sandalow, Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs; Penelope D. Dalton, Assistant Administrator for Fisheries, National Marine Fisheries Service; and Alan P. Larson, Under Secretary of State for Economic, Business and Agricultural Affairs, Defendants, and National Fisheries Institute, Inc., Intervenor-Defendant.

United States Court of International Trade.

July 19, 2000.


Attorney(s) appearing for the Case

Legal Strategies Group (Joshua R. Floum), 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 (Jean E. Williams 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.

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


Opinion

AQUILINO, Judge.

The plaintiffs request that the court enter final judgment in conformity with its slip op. 99-32, filed herein sub nom. Earth Island Institute v. Daley1, and which hereby is incorporated by reference in this opinion. The plaintiffs also have interposed an application for award of attorneys' fees, costs and expenses pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412...

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