NATURAL RESOURCES DEFENSE COUNCIL, INC. v. ROSS

Slip Op. 18-100 Court No. 18-00055.

331 F.Supp.3d 1381 (2018)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Center for Biological Diversity, and Animal Welfare Institute, Plaintiffs, v. Wilbur ROSS, in his official capacity as Secretary of Commerce, United States Department of Commerce, Chris Oliver, in his official capacity as Assistant Administrator of the National Marine Fisheries Service, National Marine Fisheries Service, Steven Mnuchin, in his official capacity as Secretary of the Treasury, United States Department of the Treasury, Kirstjen Nielsen, in her official capacity as Secretary of Homeland Security, and United States Department of Homeland Security, Defendants.

United States Court of International Trade.

Dated: August 14, 2018.


Attorney(s) appearing for the Case

Giulia C.S. Good Stefani and Daniel N. Carpenter-Gold , Natural Resources Defense Council, of Santa Monica, CA, argued for plaintiffs. With them on the brief were Stephen Zak Smith for plaintiff, Natural Resources Defense Council Inc. and Sarah Uhlemann, of Seattle, WA, for plaintiffs, Center for Biological Diversity, and Animal Welfare Institute.

Agatha Koprowski , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With her on the brief were Chad A. Readler , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief were Jason Forman , National Oceanic and Atmospheric Administration, of Silver Spring, MD; Daniel J. Paisley , Department of the Treasury, of Washington, DC; and Glenn Kaminsky , Department of Homeland Security, of New York, NY.


OPINION

On July 26, 2018, presented with the desperate plight of the vaquita — the world's smallest porpoise, now on the verge of extinction as they are caught and strangled in the gillnets of fisheries in the Northern Gulf of California in Mexican waters — this Court granted "plaintiffs...

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