State of CONNECTICUT, on the relation of Richard BLUMENTHAL in his capacity as Attorney General of the State of Connecticut, Plaintiff-Counter-Defendant-Appellee,
Vivian I. Volovar, Plaintiff-Appellee,
v.
Erin M. CROTTY, in her official capacity as Commissioner, Department of Environmental Conservation, John P. Cahill, individually, Donald W. Brewer, individually and in his official capacity as Director, Department of Environmental Conservation, Division of Law Enforcement, Defendants-Counter-Claimants-Appellants,
Gordon C. Colvin, individually and in his official capacity as Director, Department of Environmental Conservation, Marine Resources Division, Richard M. Otterstedt, individually and in his official capacity as Environmental Conservation Officer, Gary A. Enright, individually and in his official capacity as Environmental Conservation Officer, New York State, New York State Department of Environmental Conservation, Defendants-Appellants,
State of Connecticut, Amicus Curiae,
Fishers Island Lobstermen's Association, Inc., Fishers Island Conservancy, Inc., Movant-Amici Curiae.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: January 10, 2002.
Decided: September 30, 2003.
Attorney(s) appearing for the Case
MARK P. KINDALL, Assistant Attorney General, Hartford, CT. (Richard Blumenthal, Conn. State Attorney General, Hartford, CT., on the brief) for Plaintiff-Counter-Defendant-Appellee and Amicus Curiae State of Connecticut.
GEORGE M. PURTILL, Purtill, Purtill & Pfeffer, South Glastonbury, CT., (Seth Jacoby, Purtill, Purtill & Pfeffer, on the brief) for Plaintiff-Appellee Vivian I. Volovar.
GREGORY J. NOLAN, Assistant Attorney General, New York, N.Y., (Eliot Spitzer, N.Y. State Attorney General, Michael Belohlavek, Assistant Solicitor General, Gordon J. Johnson, Assistant Attorney General, New York, N.Y., on the brief) for Defendants-Counter-Claimants-Appellants Erin M. Crotty, John P. Cahill and Donald W. Brewer and Defendants-Appellants, Gordon C. Colvin, Richard M. Otterstedt, Gary A. Enright, and New York State
STEPHEN S. MICHAELS, Debevoise & Plimpton, New York, N.Y. (Robert M. Dickson, Debevoise & Plimpton, New York, N.Y., on the brief) for Movant-Amici Curiae Fishers Island Lobstermen's Association, Inc. and Fishers Island Conservance, Inc.
PETER C.L. ROTH, Assistant Attorney General, Concord, N.H. (Philip T. McLaughlin, N.H. State Attorney General, Concord, N.H., G. Steven Rowe, M.E. State Attorney General, Augusta, M.E., Mark A. Randlett, Assistant Attorney General, Augusta, M.E., Gary Powers, Deputy. Chief Legal Counsel, R.I. Department of Environmental Management, Wakefield, R.I., on the brief) for Amici Curiae State of New Hampshire, State of Maine, and State of Rhode Island.
Before: WALKER, Chief Judge, F.I. PARKER and SOTOMAYOR, Circuit Judges.
United States Court of Appeals, Second Circuit.
F.I. PARKER, Circuit Judge.***
This appeal represents a repeat appearance by a number of the parties before this Court in connection with a challenge to a specific provision in New York's Environmental Conservation Law (also known as the "Fish and Wildlife Law"): the restrictions imposed on nonresident lobstermen who obtain a New York commercial lobstering permit, set forth at N.Y. Envtl. Conserv. Law, section 13-0329(2)(a) (McKinney 1997...
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