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GLACIER FISH CO. LLC v. PRITZKER

No. 15-35103.

832 F.3d 1113 (2016)

GLACIER FISH COMPANY LLC, a Washington limited liability company, Plaintiff-Appellant, v. Penny PRITZKER, in her official capacity as Secretary of U.S. Department of Commerce; National Oceanic and Atmospheric Administration; National Marine Fisheries Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2016.

Attorney(s) appearing for the Case

Andrew Richards (argued), Sullivan & Richards LLP, Seattle, Washington, for Plaintiff-Appellant.

Evelyn S. Ying (argued), J. David Gunter, II and John H. Martin ; John C. Cruden , Assistant Attorney General; Environment and Natural Resources Division; United States Department of Justice, Washington, D.C.; Ryan Couch , Office of the General Counsel National Oceanic & Atmospheric Administration, Seattle, Washington; for Defendants-Appellees.

Partial Concurrence by Judge Watson.

OPINION

Glacier Fish Co. challenges the fee imposed on it by the National Marine Fisheries Service (NMFS) pursuant to the agency's cost recovery program developed under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act, or MSA). We conclude that the agency had the authority to require...

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