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CONNECTICUT v. U.S. DEPT. OF COMMERCE

Docket No. 99-6170.

204 F.3d 413 (2000)

State of CONNECTICUT, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF COMMERCE, William M. Daley, Secretary, Defendant-Appellee, State of New Jersey and State of Rhode Island, Department of Environmental Management, Movants.

United States Court of Appeals, Second Circuit.

Decided February 25, 2000.

Attorney(s) appearing for the Case

Richard Blumenthal, Attorney General of Connecticut (Judith A. Merrill, Assistant Attorney General) for Plaintiff-Appellant.

James F. Simon, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC (Lois J. Schiffer, Assistant Attorney General, John A. Bryson, Mark A. Brown, and Katherine W. Hazard, U.S. Department of Justice, Environmental & Natural Resources Division, on the brief; Joel MacDonald and Julie A. Williams, Office of General Counsel, NOAA, Resources Division, of counsel) for Defendant-Appellee.

Before: WALKER, CALABRESI, and KATZMANN, Circuit Judges.

CALABRESI, Circuit Judge:

This case involves the Fishery Management Plan ("FMP") for summer flounder or fluke, as the fish are also called. Fluke are native to the Atlantic Ocean and are found in the greatest numbers between Cape Cod, Massachusetts, and Cape Fear, North Carolina. Over the years, the stock of the fish has decreased, and in response, efforts have been made to conserve and restore the population. One of these measures is the FMP. The FMP, developed by...

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