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HUMANE SOC. OF U.S. v. LOCKE

No. 08-36038.

626 F.3d 1040 (2010)

HUMANE SOCIETY OF the UNITED STATES; Wild Fish Conservancy; Bethanie O'Driscoll; Andrea Kozil, Plaintiffs-Appellants, v. Gary LOCKE, Secretary of Commerce; James W. Balsiger; James Lecky, Defendants-Appellees, Washington State Department of Fish and Wildlife; State of Oregon Department of Fish and Wildlife, Defendant-intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 23, 2010.

Attorney(s) appearing for the Case

Rebecca G. Judd , Sarah Uhlemann (argued) and Jonathan R. Lovvorn , The Humane Society of the United States, Washington, D.C.; Gary K. Kahn and Peggy Hennessy , Reeves, Kahn & Hennessy, Portland, OR, for the plaintiffs-appellants.

John C. Cruden , James A. Maysonett and Mark R. Haag (argued), United States Department of Justice, Washington, D.C.; Mark A. Hodor , National Oceanic & Atmospheric Administration, Silver Spring, MD; Lori L. Caramanian , United States Department of Justice, Denver, CO; Coby Howell , Office of the U.S. Attorney, Portland, OR, for appellees Gary Locke, James W. Balsiger and James Lecky.

Robert M. McKenna , Attorney General, Neil L. Wise , Assistant Attorney General, and Michael B. Ferguson , Assistant Attorney General, Olympia, WA, for defendant-intervenor-appellee Washington State Department of Fish and Wildlife.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Cecil A. Reniche-Smith (argued), Assistant Attorney General, Salem, OR, for defendant-intervenor-appellee State of Oregon Department of Fish and Wildlife.

Before: RAYMOND C. FISHER and RICHARD A. PAEZ, Circuit Judges, and JEREMY D. FOGEL, District Judge.

OPINION

FISHER, Circuit Judge:

In March 2008, the National Marine Fisheries Service (NMFS) authorized the states of Oregon, Washington and Idaho to kill up to 85 California sea lions annually at Bonneville Dam. NMFS made the decision under section 120 of the Marine Mammal Protection Act (MMPA), which allows "the intentional lethal taking of individually identifiable pinnipeds which are having a significant...

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