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HUMANE SOCIETY OF U.S. v. GUTIERREZ

No. 08-35305.

523 F.3d 990 (2008)

HUMANE SOCIETY OF the UNITED STATES; Wild Fish Conservancy; Bethanie O'Driscoll; Andrea Kozil, Plaintiffs-Appellants, v. Carlos M. GUTIERREZ, Secretary of Commerce; James W. Balsiger; James Lecky, Defendants-Appellees, Washington State Department of Fish and Wildlife; State of Oregon Department of Fish and Wildlife, Defendant-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

April 23, 2008.

Attorney(s) appearing for the Case

Gary K. Kahn, Reeves, Kahn & Eder, Portland, OR, Rebecca Judd, The Humane Society Of The United States, Washington, DC, for Plaintiffs-Appellants.

James A. Maysonett, DOJ — U.S. Department of Justice, Washington, DC, Stephen J. Odell, Esq., Office of the U.S. Attorney, Portland, OR, for Defendants-Appellees.

Sheila D. Lynch, Michael B. Ferguson, AGWA — Office of the Washington Attorney General, Olympia, WA, Marc Abrams, AGOR — Office of the Oregon Attorney General, Salem, OR, for Defendant-Intervenors-Appellees.

Before: B. FLETCHER, RAYMOND C. FISHER and RICHARD A. PAEZ, Circuit Judges.

ORDER

This is an emergency motion for a stay pending appeal of the district court's denial of a preliminary injunction and Circuit Rule 3-3 applies.

Defendants-Intervenors-Appellees States of Washington, Oregon and Idaho ("States") received approval under Section 120 of the Marine Mammal Protection Act ("MMPA") from Defendant-Appellee National Marine Fisheries Service ("NMFS") to lethally remove individual pinnipeds, specifically California sea lions, currently...

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