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VAN VALIN v. GUTIERREZ

Civil Action No. 08-941 (RMC).

587 F.Supp.2d 118 (2008)

Scott VAN VALIN, et al., Plaintiffs, v. Carlos M. GUTIERREZ, Secretary of the U.S. Department of Commerce, et al., Defendants.

United States District Court, District of Columbia.

November 18, 2008.

Attorney(s) appearing for the Case

John Winston Butler, Sher & Blackwell, Washington, DC, for Plaintiffs.

Robert Pendleton Williams, U.S. Department of Justice, Environment and Natural Resources Division, Washington, DC, for Defendants.

MEMORANDUM OPINION

ROSEMARY M. COLLYER, District Judge.

Charter fishing operators1 brought this suit under the Administrative Procedure Act ("APA"), 5 U.S.C. § 551 et seq., and the Halibut Act, 16 U.S.C. §§ 773-773k, challenging a Final Rule issued by the Secretary of Commerce via the National Marine Fisheries Service ("NMFS"). The Final Rule, 73 Fed. Reg. 30504 (May 28, 2008),2

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