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SALMON SPAWNING & RECOVERY ALLIANCE v. BASHAM

Slip Op. 07-31, Court No. 06-00191.

477 F.Supp.2d 1301 (2007)

SALMON SPAWNING & RECOVERY ALLIANCE, et al., Plaintiffs, v. W. Ralph BASHAM, et al., Defendants.

United States Court of International Trade.

March 6, 2007.

Attorney(s) appearing for the Case

Heller Ehrmann LLP, (Eric Redman) and (Svend Arnold Brandt-Erichsen), Settle, WA, for Plaintiffs Salmon Spawning & Recovery Alliance, Native Fish Society, and Clark-Skamania Flyfishers.

Peter D. Keisler, Assistant Attorney General; (Jeanne E. Davidson), Director; (Stephen C. Tosini), Commercial Litigation Branch, Civil Division, United States Department of Justice for Defendants United States Customs & Border Protection, Dirk Kempthorne, United States Department of Interior, United States Fish & Wildlife Service, Carlos M. Gutierrez, United States Department of Commerce, D. Robert Lohn, National Oceanic & Atmospheric Administration National Marine Fisheries Service Deborah J. Spero, and H. Dale Hall.

OPINION

BARZILAY, Judge.

Plaintiffs Salmon Spawning & Recovery Alliance, Native Fish Society, and Clark-Skamania Flyfishers (collectively "Plaintiffs") have moved for judgment on the agency record, pursuant to the Endangered Species Act ("ESA"), 16 U.S.C. § 1531 (2000), et seq., the Administrative Procedures Act ("APA"), 5 U.S.C. §§ 551-706 (2000), and USCIT Rule 56.1, to challenge Defendants1

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