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NATURAL RESOURCES DEFENSE COUNCIL v. EVANS

No. 01 Civ. 9453(RMB).

254 F.Supp.2d 434 (2003)

NATURAL RESOURCES DEFENSE COUNCIL, Environmental Defense, Plaintiffs, v. Donald EVANS, in his capacity as Secretary of Commerce; the National Oceanic and Atmospheric Administration; and the National Marine Fisheries Service, Defendants.

United States District Court, S.D. New York.

March 31, 2003.

Attorney(s) appearing for the Case

Bradford Sewell, NY, for Natural Resources Defense Council.

Monica Goldberg, Washington, DC, for Oceana.

Beth Goldman, U.S. Atty's Office, New York City.

David Frulla, Brand & Frulla, P.C., Washington, DC, for Donald Evans, Joel MacDonald, MA.

DECISION AND ORDER

BERMAN, District Judge.

I. Introduction

In this action, filed October 26, 2001, Natural Resources Defense Council and Environmental Defense ("Plaintiffs"), nonprofit environmental membership organizations, seek a declaratory judgment, pursuant to 28 U.S.C. § 2201, that the tilefish Fishery Management Plan ("FMP")—that is, a plan to conserve tilefish resources— issued by Donald Evans, in his capacity...

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