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CONSERVATION LAW FOUNDATION v. EVANS

No. 02-2664.

360 F.3d 21 (2004)

CONSERVATION LAW FOUNDATION and Oceana, Plaintiffs, Appellants, v. Donald L. EVANS, et al., Defendants, Appellees, and Fisheries Survival Fund, Intervenor, Appellee.

United States Court of Appeals, First Circuit.

Decided February 26, 2004.

Attorney(s) appearing for the Case

Eric A. Bilsky with whom Sylvia F. Liu and Roger M. Fleming were on brief for appellants.

Anna T. Katselas, Attorney, U.S. Department of Justice, Environment & Natural Resources Division with whom Thomas L. Sansonetti, Assistant Attorney General, Environment & Natural Resources Division, Jeffrey Bossert Clark, Deputy Assistant Attorney General, Environment & Natural Resources Division, Mauricia Baca, John Almeida, Todd S. Kim, Attorneys, Environment & Natural Resources Division and Gene S. Martin, Office of Regional Counsel, National Oceanic and Atmospheric Administration (Of Counsel), were on brief, for appellees Donald L. Evans, et al.

David E. Frulla with whom Shaun M. Gehan, Brand & Frulla, P.C., H. Reed Witherby and Smith & Duggan, LLP, were on brief, for intervenor, appellee Fisheries Survival Fund.

Before LIPEZ, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.

HOWARD, Circuit Judge.

Two conservation groups challenge adverse summary judgment rulings in an action alleging violations of the Magnuson-Stevens Fishery Conservation and Management Act (the Magnuson-Stevens Act), 16 U.S.C. §§ 1851, 1853, 1854, and the Administrative Procedure Act (the "APA"), 5 U.S.C. §§ 553, 706. Conservation Law Foundation ("CLF") and Oceana (f/k/a American Oceans Campaign) allege that in implementing Framework Adjustment 14...

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