BROWER v. EVANS

No. 00-15968.

257 F.3d 1058 (2001)

David R. BROWER, an individual; Samuel F. Labudde, an individual; Earth Island Institute, a California nonprofit corporation; Humane Society of the United States, a Delaware nonprofit corporation; American Society for the Prevention of Cruelty to Animals, a New York nonprofit corporation; Defenders of Wildlife, a District of Columbia nonprofit corporation; International Wildlife Coalition, a Massachusetts nonprofit corporation; Environmental Solutions International, a Florida nonprofit corporation; Animal Welfare Institute, a Delaware nonprofit corporation; Society for Animal Protective Legislation, a District of Columbia nonprofit corporation; Animal Fund, a California nonprofit corporation; the Oceanic Society, a California nonprofit corporation, Plaintiffs-Appellees, v. Donald EVANS, Secretary of Commerce; William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2001


Attorney(s) appearing for the Case

Katherine W. Hazard, United States Department of Justice, Environmental and Natural Resources Division, Washington, D.C., for the defendants-appellants.

Joshua R. Floum, Legal Strategies Group, Emeryville, California, for the plaintiffs-appellees.

Patricia M. Bryne and William A. Butker, Wilmer, Cutler & Pickering, Washington, DC, for the amici curiae.

Before: MYRON BRIGHT, Barry G. Silverman, and William A. Fletcher, Circuit Judges.


Argued and Submitted December 11, 2000 — San Francisco, California

OPINION

SILVERMAN, Circuit Judge:

The Secretary of Commerce appeals the district court's grant of summary judgment in favor of Earth Island.1 The district court held that the Secretary's Initial Finding, triggering a change in the dolphin-safe label standard, was not in accordance with the law and constituted an abuse of discretion because the Secretary...

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