CONSERVATION LAW FOUNDATION v. EVANS

No. 00CV1134 (GK).

209 F.Supp.2d 1 (2001)

CONSERVATION LAW FOUNDATION, et al., Plaintiffs, v. Donald EVANS, Secretary of Commerce, et al., Defendants.

United States District Court, District of Columbia.

December 28, 2001.


Attorney(s) appearing for the Case

Russell David Duncan, Coburn & Schertler, Washington, DC, Eric A. Bilsky, Washington, DC, for Conservation Law Foundation.

Eric A. Bilsky, Washington, DC, for Center for Marine Conservation, National Audobon Society, Natural Resources Defense Council.

Samual D. Rauch, II, Lyn Jacobs, Adam D. Issenberg, U.S. Dept. of Justice, Environmental and Natural Resources Division, Washington, DC, for William Daley, Nat. Oceanic and Atmospheric Admin. National Marine Fisheries Service.

Lyn Jacobs, Adam D. Issenberg, U.S. Dept. of Justice, Environmental and Natural Resources Division, Washington, DC, for Donald Evans.

David Earl Frulla, Brand & Frulla, P.C., Washington, DC, for Associated Fisheries of Maine, Inc., City of Portland, ME, City of New Bedford, Mass., Trawlers Survival Fund.

Eldon VanCleef Greenberg, Garvey, Schubert & Barer, Washington, DC, for Northeast Seafood Coalition.

Kirsten Engel, Commonwealth of Mass., Atty. General's Office, Boston, MA, for Commonwealth of Mass.

Mark A. Randlett, Office of Atty. Gen., Augusta, ME, for State of Maine.

James L. O'Dea, O'Dea & Assoc., Washington, DC, for Paul Parker, Craig A. Pendelton, Northwest Atlantic Marine Alliance, Inc., Stonington Fisheries Alliance, Saco Bay Alliance, Cape Cod Commercial Hook Fishermen's Ass'n.

Jennifer Patterson, Office of Atty. Gen., Concord, NH, Peter C.L. Roth, State of NH, Atty. Gen., Concord, NH, for State of New Hampshire.

Gerald F. McAvoy, R.I. Dept. of Environmental Management Providence, RI, for State of Rhode Island.


MEMORANDUM OPINION

KESSLER, District Judge.

Plaintiffs Conservation Law Foundation, Center for Marine Conservation, National Audubon Society, and Natural Resources Defense Council charge in this lawsuit that United States Secretary of Commerce Donald Evans, the National Oceanic and Atmospheric Administration, and the National Marine Fisheries Service (hereinafter "Defendants")1...

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