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BOATMEN v. GUTIERREZ

No. 06-CV-400 (JBW).

429 F.Supp.2d 543 (2006)

United BOATMEN, et al., Plaintiffs, v. Carlos GUTIERREZ, in his official capacity as Secretary of the United States Department of Commerce, et al., Defendants.

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

May 1, 2006.

Attorney(s) appearing for the Case

Law Office of Philip L. Curcio by Philip L. Curcio, Melville, NY, Bogan & Bogan, LLC by Raymond D. Bogan, Point Pleasant Beach, NY, for all Plaintiffs.

United States Attorney's Office by Robert B. Kambic, and Vincent Lipari, Central Islip, NY, for Defendants Carlos Gutierrez, National Oceanic and Atmospheric Admin., National Marine Fisheries Service.

Law Office of Sean H. Donahue by Sean H. Donahue, Washington, D.C., for Defendant Atlantic States Marine Fisheries Commission.

Connecticut Office of the Attorney General by Sharon Anne Scully, Hartford, CT, for Defendant State of Connecticut.

New York State Office of the Attorney General, Environmental Protection Bureau by Gregory J. Nolan, New York City, for Defendant State of New York.

Natural Resources Defense Council by Amelia Evangelista Toledo, New York, NY, for Amicus Natural Resources Defense Council.

MEMORANDUM, ORDER AND FINAL JUDGMENT

WEINSTEIN, Senior District Judge.

Table of Contents

  I. Introduction ...................................................................... 546

 II. Facts ............................................................................. 546

III. Law ............................................................................... 547
     A. Standard of Review of Administrative Decisions ................

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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