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LOUISIANA STATE v. NOAA

No. 22-30799.

70 F.4th 872 (2023)

LOUISIANA STATE, BY AND THROUGH LOUISIANA DEPARTMENT OF WILDLIFE AND FISHERIES, Plaintiff-Appellant, v. NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION, Richard Spinrad, Administrator; Chris Oliver, in his official capacity as Assistant Administrator for Fisheries; Samuel D. Rauch, III, in his official capacity as Deputy Assistant Administrator for Regulatory Programs; National Marine Fisheries Service; Department of Commerce, Gina Raimondo, Secretary, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED June 15, 2023.

Attorney(s) appearing for the Case

Joseph Scott , Louisiana Department of Justice, Office of the Solicitor General, New Orleans, LA, Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General, for the State of Louisiana, Baton Rouge, LA, Jordan B. Redmon (argued), Louisiana Department of Justice, Office of the Attorney General, Street New Orleans, LA, for Plaintiff-Appellant.

Andrew Marshall Bernie (argued), Shampa Panda , U.S. Department of Justice, Environment & Natural Resources, Washington, DC, for Defendants-Appellees.

Before Smith, Clement, and Wilson, Circuit Judges.

Before us is the narrow question of whether the district court erred in holding that, based on the summary judgment record, the State of Louisiana failed to establish standing to challenge a National Marine Fisheries Service (NMFS) rule that requires certain shrimping vessels in Louisiana waters to use turtle excluder...

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