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TURTLE ISLAND RESTORATION NETWORK v. US DOC

No. 13-17123.

878 F.3d 725 (2017)

TURTLE ISLAND RESTORATION NETWORK; Center for Biological Diversity, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF COMMERCE; National Marine Fisheries Service; Wilbur L. Ross, in His Official Capacity as Secretary of Commerce; U.S. Department of the Interior; U.S. Fish & Wildlife Service; Ryan Zinke, in His Official Capacity as Secretary of the Interior, Defendants-Appellees, and Hawaii Longline Association, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2017.

Attorney(s) appearing for the Case

David L. Henkin (argued) and Paul H. Achitoff , Earthjustice, Honolulu, Hawaii, for Plaintiffs-Appellants.

Brian C. Toth (argued), Ellen J. Durkee , Dean K. Dunsmore , and Kristen L. Gustafson , Attorneys; Jeffrey H. Wood , Acting Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Philip Kline , Office of the Solicitor, United States Department of the Interior, Portland, Oregon; Elena Onaga , Office of General Counsel, National Oceanic & Atmospheric Administration, United States Department of Commerce, Honolulu, Hawaii; for Defendants-Appellees.

Ryan P. Steen (argued) and Jeffrey W. Leppo , Stoel Rives LLP, Seattle, Washington, for Intervenor-Defendant-Appellee.

Dissent by Judge Callahan.

OPINION

Plaintiffs Turtle Island Restoration Network and the Center for Biological Diversity challenge the decision of the National Marine Fisheries Service ("NMFS") to allow a Hawaii-based swordfish fishery to increase its fishing efforts, which may result in the unintentional deaths of endangered sea turtles....

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