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COOK INLET BELUGA WHALE v. DALEY

Civil Action No. 00-1017(JR).

156 F.Supp.2d 16 (2001)

COOK INLET BELUGA WHALE, et al., Plaintiffs, v. William M. DALEY, Secretary, U.S. Department of Commerce, et al., Defendants, City of Anchorage, et al., Intervener-Defendants.

United States District Court, District of Columbia.

August 20, 2001.

Attorney(s) appearing for the Case

Stephen E. Roady, Eric A. Bilsky, Monica B. Goldberg, Sylvia F. Liu, Washington, DC, Ocean Law Project, Earthjustice Legal Defense Fund, Washington, DC, Jack K. Sterne, Trustees for Alaska, Anchorage, AK, for Plaintiffs.

Allison V. Areias, U.S. Department of Justice, Environment and Natural Resources Division, Washington, DC, Roger Eckert, NOAA, Office of the General Counsel, Silver Spring, MD, Robert Babson, NOAA, Office of the General Counsel, Juneau, AK, for Federal Defendants.

Robert G. Hayes, Ball Janik, LLP, Washington, DC, Scott L. Frederickson, Jeffrey W. Leppo, Beth S. Ginsberg, Stoel Rives LLP, Seattle, WA, for Defendants Alaska Oil and Gas Association, Inc. and Resource Development Council of Alaska, Inc.

Steve Silver, Robertson, Monagle & Eastaugh, P.C., Arlington Courthouse Plaza, Arlington, VA, for Defendants City of Anchorage, Matanuska-Susitna Borough and Kenai Peninsula Borough.

MEMORANDUM

ROBERTSON, District Judge

This Administrative Procedure Act case presents a challenge to the decision of the Secretary of Commerce and the National Marine Fisheries Service (NMFS) to list the Cook Inlet Beluga Whale as "depleted" under the Marine Mammal Protection Act, but not as "endangered" or "threatened" under the Endangered Species Act (ESA). The Secretary determined that the recent Beluga Whale population decrease, which everyone...

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