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TURTLE IS. RESTORATION NET. v. DEPT. OF COMMERCE

No. 11-15783.

672 F.3d 1160 (2012)

TURTLE ISLAND RESTORATION NETWORK; Center for Biological Diversity; KAHEA: The Hawaiian-Environmental Alliance, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF COMMERCE; National Marine Fisheries Service; Gary Locke, in his official capacity as Secretary of the Department of Commerce, Defendants-Appellees, Hawaii Longline Association, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2012.

Attorney(s) appearing for the Case

Jason T. Morgan , Stoel Rives LLP, Seattle, WA, for the intervenor-defendant-appellant.

Paul H. Achitoff , Earthjustice, Honolulu, HI, for the plaintiffs-appellees.

Jennifer Scheller Neumann , U.S. Department of Justice, Washington, D.C., for the defendants-appellees.

Before: ALFRED T. GOODWIN, STEPHEN S. TROTT, and MARY H. MURGUIA, Circuit Judges.

OPINION

GOODWIN, Senior Circuit Judge:

The Hawaii Longline Association appeals the approval of a consent decree entered into by plaintiff environmental groups and defendant federal agencies affecting the regulation and management of the Hawaii shallow-set, swordfish longline fishery. Appellant challenges the district court's vacatur, under the terms of the consent decree, of a regulation increasing the limit on incidental interactions between longline fishing...

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