NATURAL RESOURCES DEFENSE COUNCIL, INC.; The International Fund for Animal Welfare; Cetacean Society International; League for Coastal Protection; Ocean Futures Society; Jean-Michel Cousteau, Plaintiffs-Appellees,
California Coastal Commission, Intervenor-Appellee,
v.
Donald C. WINTER, Secretary of the Navy; United States Department of the Navy; Carlos M. Gutierrez, Secretary of the Department of Commerce; National Marine Fisheries Services; William Hogarth, Assistant Administrator for Fisheries of the National Oceanographic and Atmospheric Administration; Conrad C. Lautenbacher, Jr., Administrator of the National Oceanographic and Atmospheric Administration, Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 27, 2008.
Filed February 29, 2008.
Attorney(s) appearing for the Case
Ronald J. Tenpas (argued), Acting Assistant Attorney General; Michael R. Eitel, Luther L. Hajek, and Allen M. Brabender, Appellate Section, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC; Craig D. Jensen and J. Page Turney, Office of General Counsel, Department of the Navy, for the federal defendants-appellants.
Joel R. Reynolds, Cara A. Horowitz, Stephen Zak Smith, Natural Resources Defense Council, Inc., Santa Monica, CA; Richard B. Kendall (argued), Gregory A. Fayer, and Josh B. Gordon, Irell and Manella LLP, Los Angeles, CA, for plaintiffs-appellees.
Edmund G. Brown, Jr., Janet Gaard, J. Matthew Rodriguez, Jamee Jordan Patterson (argued), Office of the Attorney General of California, for intervenor-appellee California Coastal Commission.
Before: B. FLETCHER, D.W. NELSON, and REINHARDT, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
BETTY B. FLETCHER, Circuit Judge:
Defendants Secretary of the Navy, Department of the Navy, Secretary of the Department of Commerce, National Marine Fisheries Service (NMFS),1 and two Administrators of the National Oceanographic and Atmospheric Administration (NOAA) appeal the district court's January 3, 2008 order, as modified on January 10, 2008, granting a motion for a preliminary injunction and imposing certain conditions on the completion...
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