EARTH ISLAND INSTITUTE v. HOGARTH

No. 04-17018.

494 F.3d 757 (2007)

EARTH ISLAND INSTITUTE, a California non-profit corporation; the Humane Society of the United States; the American Society for the Prevention of Cruelty to Animals, a New York non-profit corporation; Defenders of Wildlife, a District of Columbia nonprofit corporation; Animal Fund, a California nonprofit corporation; the Oceanic Society, a California nonprofit corporation; International Wildlife Coalition, a Massachusetts nonprofit corporation; Animal Welfare Institute, a Delaware nonprofit corporation; the Society for Animal Protective Legislation, a District of Columbia nonprofit corporation; Samuel F. LaBudde, an individual, Plaintiffs-Appellees, v. William T. HOGARTH, Assistant Administrator for the National Marine Fisheries Service; Carlos M. Gutierrez, Secretary of Commerce, Defendants-Appellants, and Camara Nacional De Las Industrias Pesquera y Acuicola (Canainpesca); Asociacion Venezolana De Armadores Atuneros (Avatun), Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed April 27, 2007.

Amended July 13, 2007.


Attorney(s) appearing for the Case

Ryan D. Nelson, U.S. Department of Justice, Washington, DC, for the defendants-appellants.

Richard Mooney, Home Roberts & Owen, LP, San Francisco, CA, for the plaintiffs-appellees.

Laura Klaus, Greenberg Traurig, LLP, Washington, DC, for the amici curiae.

Before: MARY M. SCHROEDER, Chief Circuit Judge, JEROME FARRIS and JOHNNIE B. RAWLINSON, Circuit Judges.


ORDER

The opinion in Earth Island v. Hogarth, 484 F.3d 1123, 1136 (9th Cir.2007), is amended as follows: The last sentence of the penultimate paragraph of the slip opinion on page 4631 [484 F.3d at 1136] is deleted. The following sentence is substituted in its place: "The label of `dolphin safe' will continue to signify that the tuna was harvested in compliance with the requirements of 16 U.S.C. § 1385." Future petitions...

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