SEA SHEPHERD NEW ZEALAND v. U.S.

Slip Op. 23-92 Court No. 20-00112.

639 F.Supp.3d 1367 (2023)

SEA SHEPHERD NEW ZEALAND and Sea Shepherd Conservation Society, Plaintiffs, v. UNITED STATES, Gina M. Raimondo, in her official capacity as Secretary of Commerce, United States Department of Commerce, a United States government agency, Janet Coit, in her official capacity as Assistant Administrator of the National Marine Fisheries Service, National Marine Fisheries Service, a United States government agency, Janet Yellen, in her official capacity as Secretary of the Treasury, United Court States Department of the Treasury, a United States government agency, Alejandro Mayorkas, in his official capacity as Secretary of Homeland Security, and United States Department of Homeland Security, a United States government agency, Defendants, and New Zealand Government, Defendant-Intervenor.

United States Court of International Trade.

June 21, 2023.


Attorney(s) appearing for the Case

Lia Comerford , and Kevin Cassidy , Earthrise Law Center at Lewis & Clark Law, of Portland, OR and Norwell, MA, for Plaintiffs Sea Shepherd New Zealand and Sea Shepherd Conservation Society.

Stephen C. Tosini , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Defendants United States, Gina M. Raimondo, United States Department of Commerce, National Marine Fisheries Service, Janet Yellen, United States Department of the Treasury, Alejandro Mayorkas, and United States Department of Homeland Security. With him on the briefs were Brian M. Boynton , Principal Deputy Assistant Attorney General, and Patricia M. McCarthy , Director. Of counsel was Jason S. Forman , Office of the General Counsel, National Oceanic and Atmospheric Administration, of Silver Spring, MD.

Warren E. Connelly , Robert G. Gosselink and Kenneth N. Hammer , Trade Pacific PLLC, of Washington, D.C., for Defendant-Intervenor New Zealand Government.


OPINION

Earlier this month, the world observed World Ocean Day, an international day, recognized by the United Nations, dedicated to "unit[ing] and rall[ying] ... to protect and restore our blue planet."2 Relatedly, the court today returns to the precarious state of the...

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