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SAN FRANCISCO HERRING ASS'N v. DEPT. OF INTERIOR

No. 20-17412.

33 F.4th 1146 (2022)

SAN FRANCISCO HERRING ASSOCIATION, Plaintiff-Appellant, v. U.S. DEPARTMENT OF THE INTERIOR; Deb Haaland, in her official capacity as Secretary of the Interior; United States National Park Service; Shawn Benge, in his official capacity as Deputy 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 May 10, 2022.

Attorney(s) appearing for the Case

Todd R. Gregorian (argued) and Eric B. Young , Fenwick & West LLP, San Francisco, California; Stuart G. Gross , Gross & Klein LLP, San Francisco, California; for Plaintiff-Appellant.

Anna T. Katselas (argued), Andrew C. Mergen , Robert J. Lundman , and David w. Gehlert , Attorneys; Michael T. Pyle , Assistant United States Attorney; Todd Kim , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Gregory Lind , Office of the Solicitor, United States Department of the Interior, Washington, D.C.; for Defendants-Appellees.

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

OPINION

In 1972, Congress created the Golden Gate National Recreation Area (GGNRA), establishing a portion of San Francisco Bay as part of the National Park System. Congress included within the geographic boundaries of the GGNRA certain navigable waters that were already subject to the jurisdiction of the United States...

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