OREGON NATURAL DESERT ASS'N v. GUTIERREZ

No. 05-210-KI.

419 F.Supp.2d 1284 (2006)

OREGON NATURAL DESERT ASSOCIATION, Plaintiff, v. Carlos M. GUTIERREZ, Secretary, United States Department of Commerce, William T. Hogarth, Director, NOAA Fisheries, and Natl Marine Fisheries Service, Defendants.

United States District Court, D. Oregon.

March 2, 2006.


Attorney(s) appearing for the Case

Peter M. Lacy, Oregon Natural Desert Association, Stephanie M. Parent, Pacific Environmental Advocacy Center, Portland, OR, for Plaintiff.

Karin J. Immergut, United States Attorney, Herbert Sundby, Assistant United States Attorney, Portland, OR, Elizabeth J. Shapiro, Assistant Branch Director, Peter T. Wechsler, United States Department of Justice, Civil Division, Federal Programs Branch, Washington, DC, for Defendants.


OPINION AND ORDER

KING, District Judge.

This Opinion addresses the additional evidence filed by defendants in their attempt to establish the reasonableness of the cut-off regulation. To refresh memories, I will quote from my previous Opinion:

ONDA challenges the following regulation: Records responsive to a request shall include only those records within the department's possession and control as of the date the proper component receives...

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