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SAN FRANCISCO HERRING v. DEPARTMENT OF INTERIOR

No. 18-15443.

946 F.3d 564 (2019)

SAN FRANCISCO HERRING ASSOCIATION, Plaintiff-Appellant, v. U.S. DEPARTMENT OF THE INTERIOR; Ryan K. Zinke, in his official capacity as Secretary of the Interior; United States National Park Service; Michael Reynolds, in his official capacity as Acting Director of the National Park Service; Laura Joss, in her official capacity as General Superintendent of the Golden Gate National Recreation Area, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 31, 2019.

Attorney(s) appearing for the Case

Todd R. Gregorian (argued), Emmett C. Stanton , and Amy E. Hayden , Fenwick & West LLP, San Francisco, California; Stuart G. Gross , Gross & Klein LLP, San Francisco, California; for Plaintiff-Appellant.

Anna Katselas (argued), Andrew C. Mergen , Elizabeth Ann Peterson , and Bruce D. Bernard , Attorneys; Jeffrey Bossert Clark , Assistant Attorney General; Eric Grant , Deputy Assistant Attorney General; United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Michael T. Pyle , Assistant United States Attorney, Office of the United States Attorney, San Jose, California; Gregory Lind , United States Department of the Interior, Office of the Solicitor, Washington, D.C.; for Defendants-Appellees.

Before: J. Clifford Wallace and Daniel A. Bress, Circuit Judges, and Morrison C. England, Jr., District Judge.

OPINION

The San Francisco Herring Association brought this lawsuit challenging the National Park Service's authority to prohibit commercial herring fishing in the waters of the Golden Gate National Recreation Area in San Francisco Bay. This appeal involves not the merits of that lawsuit, but instead whether it can...

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