COMMITTEE FOR HUMANE LEGISLATION v. RICHARDSON

Nos. 76-1479 thru 76-1483.

540 F.2d 1141 (1976)

COMMITTEE FOR HUMANE LEGISLATION, INC., et al., v. Elliot L. RICHARDSON, Secretary of Commerce, U.S. Department of Commerce, et al.; American Tunaboat Association and Tuna Research Foundation, Appellants. FUND FOR ANIMALS et al. v. Elliot L. RICHARDSON, Secretary of Commerce, et al.; American Tunaboat Association and Tuna Research Foundation, Appellants. COMMITTEE FOR HUMANE LEGISLATION, INC., et al., v. Elliot L. RICHARDSON, Secretary of Commerce, U.S. Department of Commerce, et al.; Fishermen's Union of America, Pacific and Caribbean Area, and Local 33, United Cannery and Industrial Workers of the Pacific, Appellants. COMMITTEE FOR HUMANE LEGISLATION, INC., et al., v. Elliot L. RICHARDSON, Secretary of Commerce, U.S. Department of Commerce, et al., Appellants, American Tunaboat Association et al., Intervenors. FUND FOR ANIMALS et al., v. Elliot L. RICHARDSON, Secretary of Commerce, et al., Appellants, American Tunaboat Association et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 1976.


Attorney(s) appearing for the Case

William H. Allen, Washington, D.C., was on the brief for appellants American Tunaboat Ass'n and Tuna Research Foundation.

Patrick C. O'Donoghue, Washington, D.C., was on the brief for appellants Fishermen's Union of America and United Cannery and Industrial Workers.

Peter R. Taft, Asst. Atty. Gen., and Edmund B. Clark and Robert A. Kerry, Attys., Dept. of Justice, Washington, D.C., were on the briefs for the federal appellants-appellees.

William A. Butler and John F. Hellegers, Washington, D.C., were on the brief for appellee Environmental Defense Fund, Inc.

Bernard Fensterwald, Jr., Washington, D.C., was on the brief for appellees Fund for Animals et al.

Ronald A. Zumbrun and Raymond M. Momboisse, Sacramento, Cal., and John H. Midlen, Jr. and Glen E. Davis, Washington, D.C., were on the brief for Pacific Legal Foundation as amicus curiae.

Murdaugh Stuart Madden, Washington, D.C., was on the brief for Humane Society of the U.S. as amicus curiae.

Before WRIGHT, ROBINSON, and WILKEY, Circuit Judges.


Submitted Without Argument.

PER CURIAM:

I. INTRODUCTION

In this appeal we are asked to review a judgment of the District Court1 that the Secretary of Commerce, through the Director of the National Marine Fisheries Service (NMFS), has violated the provisions of the Marine Mammal Protection Act of 19722 by granting to the American Tunaboat Association a general permit for the practice of purse...

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