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DEFENDERS OF WILDLIFE v. GUTIERREZ

No. 07-5278.

532 F.3d 913 (2008)

DEFENDERS OF WILDLIFE, et al., Appellants v. Carlos GUTIERREZ, Secretary, Department of Commerce, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 2008.

Attorney(s) appearing for the Case

Howard M. Crystal argued the cause for appellants. With him on the brief was Eric R. Glitzenstein.

Sambhav N. Sankar, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was Andrew C. Mergen, Attorney.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

This case concerns the North Atlantic right whale (Eubalaena glacialis) ("right whale") and the role of National Marine Fisheries Service ("NMFS") and the Coast Guard in the federal government's efforts to protect the species from extinction. Appellants, composed of several environmental groups and one whale researcher, challenged NMFS's denial of a petition for emergency rulemaking and the Coast...

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