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NATURAL RESOURCES DEFENSE COUNCIL v. GUTIERREZ

No. 04-15018.

457 F.3d 904 (2006)

NATURAL RESOURCES DEFENSE COUNCIL; the Humane Society of the United States; Cetacean Society International; League for Coastal Protection; Ocean Futures Society; Jean-Michel Cousteau, Plaintiffs-Appellees, v. Carlos M. GUTIERREZ, Secretary of the U.S. Department of Commerce; National Marine Fisheries Service; William Hogarth, Assistant Administrator for Fisheries of the National Oceanographic & Atmospheric Administration; Conrad C. Laurenbacher, Vice Admiral, Administrator of the National Oceanographic & Atmospheric Administration; United States Department of the Navy; Vern Clark, Admiral, Chief of Naval Operations; Gordon R. England, Secretary of the U.S. Department of the Navy, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted June 16, 2006.

Submitted June 16, 2006 San Francisco, California.

ORDER

Defendants conceded in their opening brief, at oral argument and in their supplemental brief that they do not challenge the only form of relief the district court granted — the permanent injunction. Rather, they seek appellate excision of the district court's ruling that the National Marine Fisheries Services's (NMFS) May 30, 2002 Biological Opinion...

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