1. Home
  2. Browse Decisions
  3. F.3d
  4. 282 F.3d
  5. 282 F.3d 710 (2002)
 

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

Nos. 00-35717, 00-35853.

282 F.3d 710 (2002)

MIDWATER TRAWLERS CO-OPERATIVE; West Coast Seafood Processors Association; Fishermen's Marketing Association, Plaintiffs-Appellants, and State of Oregon; State of Washington, Plaintiffs, v. DEPARTMENT OF COMMERCE; the National Marine Fisheries Service; Donald Evans, Secretary of Commerce; Penelope D. Dalton, Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration; William W. Stelle, Jr., Director, National Marine Fisheries Service, Defendants-Appellees, Makah Indian Tribe, Defendant-Intervenor-Appellee, v. State of Oregon, Plaintiff-Intervenor. Midwater Trawlers Co-Operative, Plaintiff, and State of Oregon, Plaintiff-Appellant, v. Department of Commerce; Donald Evans, Secretary of Commerce; National Marine Fisheries Service; Penelope D. Dalton, Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration; William Stelle, Jr., Director, National Marine Fisheries Service, Defendants-Appellees, Makah Indian Tribe, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2002.

Attorney(s) appearing for the Case

James P. Walsh, Davis Wright Tremaine LLP, San Francisco, California, for the plaintiffs-appellants.

Hardy Myers, Attorney General; Michael D. Reynolds, Solicitor General; Jas. Jeffrey Adams, Assistant Attorney General, Salem, Oregon, for plaintiff-appellant State of Oregon.

John C. Cruden, Acting Assistant Attorney General; Peter Monson, Sam Rauch, David C. Shilton, M. Alice Thurston, U.S. Department of Justice, Environment and Natural Resources Division, Washington, DC; Marc D. Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Washington; for the defendants-appellees.

David S. Vogel, Law Offices of David S. Vogel, P.L.L.C., Seattle, WA; Richard Reich, Office of the Reservation Attorney, Quinault Indian Nation, Mercer Island, WA; for amici curiae Quileute Tribe and Quinault Nation.

Bill Tobin, Vashon, WA; Alix Foster, Swinomish Tribal Community, LaConner, WA; Mason D. Morisset, Morisset, Schlosser, Ayer & Jozwiak, Seattle, WA; for amici curiae Tulalip Tribes of Washington, Swinomish Tribal Community, and Nisqually Indian Tribe.

Before: THOMAS, GRABER and GOULD, Circuit Judges.

OPINION

THOMAS, Circuit Judge.

We consider in this appeal a challenge by fishing industry groups and the States of Oregon and Washington to a federal regulation that increased the amount of Pacific whiting fish allocated to four Indian tribes. We affirm in part and reverse in part, with instructions to the district court to remand to the agency for more specific findings.

I

Isaac I. Stevens, Washington's first Territorial Governor and the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases