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MASSACHUSETTS v. GUTIERREZ

Civil Action No. 06-12110-EFH.

594 F.Supp.2d 127 (2009)

Commonwealth of MASSACHUSETTS by its DIVISION OF MARINE FISHERIES, and State, of New Hampshire, by its Fish & Game Department, Division of Marine Fisheries, Plaintiffs v. Carlos M. GUTIERREZ, in his official capacity as Secretary of Commerce of the United States, et al., Defendants.

United States District Court, D. Massachusetts.

Order Granting Motion to Amend in Part February 17, 2009.

Attorney(s) appearing for the Case

Christine A. Baily, Massachusetts Attorney General's Office, Daniel J. Hammond, Attorney General's Office, Peter Shelley, Conservation Law Foundation, Boston, MA, Peter C.L. Roth, Office of the Attorney General, State of New Hampshire, Concord, NH, for plaintiffs.

Kristen Byrnes Floom, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM AND ORDER

HARRINGTON, Senior District Judge.

Background

The plaintiffs, the Commonwealth of Massachusetts Division of Fisheries, and the State of New Hampshire Department of Fish & Game, Division of Marine Fisheries (the "States") filed this suit against the Secretary of the United States Department of Commerce ("Commerce"), the defendant. The States seek to vacate the promulgation of Framework 42, a regulation approved...

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