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OCEANA, INC. v. LOCKE

No. 10-5299.

670 F.3d 1238 (2011)

OCEANA, INC., Appellant v. Gary F. LOCKE, in his official capacity as Secretary of the United States Department of Commerce, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 2011.

Attorney(s) appearing for the Case

Hyland Hunt argued the cause for appellant. On the briefs was Sara E. Robinson . Eric A. Bilsky and Avrum M. Goldberg entered appearances.

Robert J. Lundman , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was John L. Smeltzer , Attorney. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Oceana, Inc. brought this suit against the National Marine Fisheries Service challenging as unlawful the methodology it uses to track bycatch in the fisheries off the Northeastern coast of the United States. The district court concluded the methodology satisfies applicable law, see 16 U.S.C. § 1853(a)(11), and entered a summary judgment for the Fisheries Service, which Oceana now appeals. Because the Fisheries Service has merely...

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