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WEST COAST SEAFOOD PROCESSORS ASS'N v. NRDC

Nos. 09-16245, 09-16796.

643 F.3d 701 (2011)

WEST COAST SEAFOOD PROCESSORS ASSOCIATION, Applicant-in-intervention-Appellant, v. NATURAL RESOURCES DEFENSE COUNCIL, INC.; Pacific Marine Conservation Council, Inc., Plaintiffs-Appellees, Makah Indian Tribe, Intervenor-Appellee, Gary Locke, Secretary of Commerce; National Marine Fisheries Service; National Oceanic and Atmospheric Administration, Defendants-Appellees. Natural Resources Defense Council, Inc.; Pacific Marine Conservation Council, Inc., Plaintiffs-Appellees, Makah Indian Tribe, Intervenor-Appellee, v. Gary Locke, Secretary of Commerce; National Marine Fisheries Service; National Oceanic and Atmospheric Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2011.

Attorney(s) appearing for the Case

Gwen L. Fanger , Davis Wright Tremaine LLP, San Francisco, CA, for applicant-in-intervention-appellant.

Selena K. Kyle , Natural Resources Defense Council, San Francisco, CA, for plaintiffs-appellees.

Opinion by Judge TASHIMA; Dissent by Judge BEA.

OPINION

TASHIMA, Circuit Judge:

West Coast Seafood Processors Association ("WCSPA") appeals from the district court's denial of its motion to intervene as a defendant in this case, in which the Natural Resources Defense Council, Inc., and Pacific Marine Conservation Council, Inc. (together, "NRDC") challenged the National Marine Fisheries Service's ("NMFS") program to preserve groundfish species off the coast of...

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