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SALMON SPAWNING & RECOVERY ALLIANCE v. U.S. CUSTOMS AND BORDER PROT.

No. 2007-1444.

550 F.3d 1121 (2008)

SALMON SPAWNING & RECOVERY ALLIANCE, Native Fish Society and Clark-Skamania Flyfishers, Plaintiffs-Appellants, v. UNITED STATES CUSTOMS AND BORDER PROTECTION, Dirk Kempthorne, Secretary of the Interior, United States Department of the Interior, United States Fish and Wildlife Service, Carlos Gutierrez, Secretary of Commerce, United States Department Of Commerce, D. Robert Lohn, in his official capacity, Deborah J. Spero, in her official capacity, H. Dale Hall, in his official capacity, W. Ralph Basham, in his official capacity, and National Oceanic and Atmospheric Administration National Marine Fisheries Service, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

December 18, 2008.

Attorney(s) appearing for the Case

Svend A. Brandt-Erichsen, Heller Ehrman LLP, of Seattle, WA, argued for plaintiffs-appellants. With him on the brief was Michael R. Thorp.

Stephen C. Tosini, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Jeanne E. Davidson, Director. Of counsel on the brief was Michael Bancroft, Attorney Advisor, Office of General Counsel, National Oceanic and Atmospheric Administration, of Seattle, WA.

Before MICHEL, Chief Judge, GAJARSA, Circuit Judge, and YOUNG, District Judge.

ON PETITION FOR REHEARING

GAJARSA, Circuit Judge.

This case concerns the Endangered Species Act ("ESA") and the scope of the jurisdiction of the United States Court of International Trade. Plaintiffs-Appellants Salmon Spawning and Recovery Alliance, Native Fish Society, and Clark-Skamania Flyfishers (collectively "Salmon Spawning" or "plaintiffs") appeal a final judgment of the Court of International Trade dismissing their complaint against various federal...

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