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NEW YORK v. ATLANTIC STATES MARINE FISHERIES COM'N

Docket No. 09-1594-cv.

609 F.3d 524 (2010)

State of NEW YORK, New York State Department of Environmental Conservation, and Alexander B. Grannis, Plaintiffs, United Boatmen of New York, Inc., New York Fishing Tackle Trade Association, Inc., and Fishermen's Conservation Association, Intervenor-Plaintiffs-Appellees, v. ATLANTIC STATES MARINE FISHERIES COMMISSION, Defendant-Appellant, Gary Locke, United States Department of Commerce, Conrad C. Lautenbacher, National Oceanic and Atmospheric Administration, and James W. Balsiger, Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 29, 2010.

Attorney(s) appearing for the Case

Sean H. Donahue, Donahue & Goldberg, LLP, Washington, D.C., for Appellant.

Shaun M. Gehan, Kelley Drye & Warren LLP, Washington, D.C. (Philip L. Curcio, Melville, N.Y., on the brief), for Appellees.

Before LEVAL, SACK, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge:

For 68 years, the Atlantic States Marine Fisheries Commission ("ASMFC" or the "Commission") has endeavored to promote the utilization and protection of the fisheries of the Atlantic seaboard. The Commission is the product of a congressionally approved interstate compact authorized by Article I, § 10, clause 3 of the United States Constitution. This interlocutory appeal requires us to determine whether the intervenor-plaintiffs, United Boatmen...

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