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NAT. RESOURCES DEF v. NAT. MARINE FISHERIES

No. 03-16842.

421 F.3d 872 (2005)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; Oceana, Inc., Plaintiffs-Appellants, v. NATIONAL MARINE FISHERIES SERVICE; Donald Evans, Secretary of Commerce; National Oceanic and Atmospheric Administration, Defendants-Appellees, and West Coast Seafood Processors Association; Fishermen's Marketing Association, Defendants-intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2005.

Attorney(s) appearing for the Case

Andrew P. Caputo, Natural Resources Defense Counsel, San Francisco, CA; Sylvia F. Liu, Oceana, Washington, D.C., and Janis Searles, Oceana, Portland, OR, for the plaintiffs-appellants.

David C. Shilton, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for the defendants-appellees.

James P. Walsh, Davis Wright Tremaine, LLP, San Francisco, CA, for the defendants-intervenors-appellees.

Before D.W. NELSON, W. FLETCHER and FISHER, Circuit Judges.

FISHER, Circuit Judge.

Appellee National Marine Fisheries Service ("the Agency") set 2002 fishing limits for four species of Pacific groundfish that are commonly sold as "red snapper." Appellant Natural Resources Defense Council ("NRDC"), an environmental organization, brought suit in federal district court challenging the four limits as violating the Magnuson-Stevens Fishery Conservation and Management Act ("the Magnuson Act" or "the Act"), 16 U.S.C. §§...

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