DEFENDERS OF WILDLIFE v. HOGARTH

No. 02-1224.

344 F.3d 1333 (2003)

DEFENDERS OF WILDLIFE, Earth Island Institute, The Humane Society of the United States, Environmental Solutions International, Animal Welfare Institute, International Wildlife Coalition, American Humane Association, Earthtrust, Greenpeace Foundation, Animal Fund, American Society for the Prevention of Cruelty to Animals, Sierra Club, Samuel Labudde, and Craig Van Note, Plaintiffs-Appellants, and Fund for Animals and David Brower, Plaintiffs, v. William T. HOGARTH, Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration, Donald L. Evans, Secretary of Commerce, Under Secretary of Commerce, Administrator of the National Oceanic and Atmospheric Administration, Assistant Secretary, National Oceanic and Atmospheric Administration, Secretary of State, Secretary of the Treasury, and Commissioner of the United States Customs Service, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: September 25, 2003.


Attorney(s) appearing for the Case

William J. Snape, III, Defenders of Wildlife, of Washington, DC, filed a petition for rehearing en banc for plaintiffs-appellants. With him on the petition was Kumar Vaswani.

Stephen C. Tosini, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, filed a response to the petition for the defendants-appellees. With him on the response were Peter D. Keisler, Assistant Attorney General; Thomas L. Sansonetti, Assistant Attorney General; David M. Cohen, Director; and Jeanne E. Davidson, Deputy Director. Of counsel on the response were Anthony P. Hoang; Wayne D. Hettenbach; and M. Alice Thurston, Attorneys, Environment & Natural Resources Division, of Washington, DC.


ORDER

A petition for rehearing en banc was filed by the Appellants, and a response thereto was invited by the court and filed by the Appellees. This matter was referred first as a petition for rehearing to the merits panel that heard the appeal. Thereafter, the petition for rehearing en banc, and response were referred to the circuit judges who are authorized to request a poll whether to rehear the appeal en banc...

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