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.https://leagle.com/images/logo.png
June 4, 2003.
June 4, 2003.
Attorney(s) appearing for the Case
William J. Snape, III, Defenders of Wildlife of Washington, DC, argued for plaintiffs-appellants. Of counsel was Kumar Vaswani.
Lucius B. Lau, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were Thomas L. Sansonetti, Assistant Attorney General; and David M. Cohen, Director. Of counsel on the brief were Anthony P. Hoang, Wayne D. Hettenbach, and M. Alice Thurston, Attorneys, Environment & Natural Resources Division, Department of Justice, of Washington, DC.
Brian O'Neill, Faegre & Benson LLP of Minneapolis, Minnesota, for amici curiae Dr. Albert Myrick & OrcaLab. With him on the brief was Colette B. Routel.
Before NEWMAN, LOURIE and SCHALL, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Opinion for the court filed by Circuit Judge SCHALL. Opinion concurring in part and dissenting in part filed by Circuit Judge PAULINE NEWMAN.
SCHALL, Circuit Judge.
Defenders of Wildlife, various other nongovernmental organizations, and several individuals filed suit in the United States Court of International Trade challenging three administrative determinations made by the Assistant Administrator for Fisheries...
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