MIDWATER TRAWLERS CO-OP. v. U.S. DEPT. OF COMMERCE

Nos. C96-1808R, C96-5671R, C99-1415R, C99-1500R.

139 F.Supp.2d 1136 (2000)

MIDWATER TRAWLERS COOPERATIVE, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF COMMERCE, et al., Defendants, State of Washington, Petitioner, v. William M. Daley, United States Secretary of Commerce, Respondent, State of Oregon, Plaintiff, v. William M. Daley, United States Secretary of Commerce, et al., Defendants, West Coast Seafood Processors Association, et al., Plaintiffs, v. William M. Daley, United States Secretary of Commerce, et al., Defendants.

United States District Court, W.D. Washington, at Seattle.

July 26, 2000.


Attorney(s) appearing for the Case

Eric J. Bloch, Attorney General's Office, Dept. of Justice, Portland, OR, Stephen K. Bushong, Miller, Nash, Wiener, Hager & Carlsen, Portland, OR, Allen D. Clark, Davis Wright Tremaine, Bellevue, WA, Robert Kirk Costello, Attorney General's Office, Fish & Wildlife, Olympia, WA, Barbara J. Gazeley, Attorney General's Office, Department of Justice, Salem, OR, James Martin Johnson, James M. Johnson, Olympia, WA, David E. Leith, Attorney General's Office, Department of Justice, Salem, OR, Mary E. McCrea, Attorney General's Office, Ecology Division, Olympia, WA, David D. Swartling, Mills Meyers Swartling, Seattle, WA, James P. Walsh, Davis Wright Tremaine, San Francisco, CA, Fonda C. Woods, Attorney General's Office Fish & Wildlife, Olympia, WA, for Plaintiffs in No. 2:96cv01808.

Brian C. Kipnis, U.S. Attorney's Office, Seattle, WA, Peter C. Monson, U.S. Department of Justice, Environment & Natural Resources Division, Denver, CO, Christopher Lee Pickrell, U.S. Attorney's Office, Seattle, WA, Samuel D. Rauch, III, U.S. Department of Justice Enrd, Wildlife & Marine Resources, Washington, DC, Marc Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, Jean E. Williams, U.S. Department of Justice, Environment & Natural Resources, Washington, DC, for Defendants in No. 2:96cv01808.

David S. Vogel, Seattle, WA, for Amicus in No. 2:96cv01808.

Robert Kirk Costello, Attorney General's Office Fish & Wildlife, Olympia, WA, Matthew Alan Love, U.S. Department of Justice Environmental & Natural Resources, Washington, DC, Fonda C. Woods, Attorney General's Office Fish & Wildlife, Olympia, WA, for Petitioner in No. 3:96cv05671.

Brian C. Kipnis, U.S. Attorney's Office, Seattle, WA, Sammuel D. Rauch, III, U.S. Department of Justice, Enrd, Wildlife & Marine Resources, Washington, DC, for Respondent in No. 3:96cv05671.

Barbara J. Gazeley, David E. Leith, Attorney General's Office, Department of Justice, Salem, OR, for Plaintiff in No. 2:99cv01415.

Christopher Lee Pickrell, U.S. Attorney's Office, Seattle, WA, Samuel D. Rauch, III, U.S. Department of Justice, Enrd, Wildlife & Marine Resources, Washington, DC, Marc Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, Jean E. Williams, U.S. Department of Justice, Environmental & Natural Resources, Washington, DC, for Defendants in No. 2:99cv01415.

Allen D. Clark, Davis Wright Tremaine, Bellevue, WA, James P. Walsh, Davis Wright Tremaine, San Francisco, CA, for Plaintiffs in No. 2:99cv01500.

Christopher Lee Pickrell, U.S. Attorney's Office, Seattle, WA, Samuel D. Rauch, III, U.S. Department of Justice Enrd, Wildlife & Marine Resources, Washington, DC, Tim Simmons, U.S. Attorney's Office, Portland, OR, Marc Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, for Defendants in No. 2:99cv01500.


ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT*

ROTHSTEIN, District Judge.

THIS MATTER comes before the court on the parties' cross-motions for summary judgment. The court has reviewed the documents filed in support of and in opposition to the motions together with the relevant files. Being fully advised, the court finds that defendants are entitled to summary judgment.

I. BACKGROUND

This action is a...

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