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EARTH ISLAND INSTITUTE v. CHRISTOPHER

Slip Op. 95-208. Court No. 94-06-00321.

913 F.Supp. 559 (1995)

EARTH ISLAND INSTITUTE, a California Nonprofit Corporation; Todd Steiner; The American Society for the Prevention of Cruelty to Animals, a New York Nonprofit Corporation; and The Humane Society of the United States, a Delaware Nonprofit Corporation, The Sierra Club, a California Nonprofit Corporation; and The Georgia Fishermen's Association, Inc., a Georgia Corporation, Plaintiffs, v. Warren CHRISTOPHER, Secretary of State; Robert E. Rubin, Secretary of Treasury; Elinor G. Constable, Assistant Secretary of State for the Bureau of Oceans, International Environmental, and Scientific Affairs; Ronald Brown, Secretary of Commerce; and Rolland A. Schmitten, Assistant Administrator for Fisheries, National Marine Fisheries Service, Defendants, and National Fisheries Institute, Inc., Intervenor-Defendant.

United States Court of International Trade.

December 29, 1995.

Attorney(s) appearing for the Case

Heller, Ehrman, White & McAuliffe (Joshua R. Floum, Nicole J. Walthall and James L. Williams), San Francisco, CA, and Eugene Underwood, Jr. and Jamie H. Cotel, New York City, for plaintiffs.

Frank W. Hunger, Assistant Attorney General; Lois J. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division (Jeffrey M. Telep) and Environment & Natural Resources Division (James C. Kilbourne and Christiana P. Perry), U.S. Department of Justice; and Office of Legal Adviser, U.S. Department of State (David Balton), Office of General Counsel, National Oceanic and Atmospheric Administration (Jason Patlis) and Office of Chief Counsel, U.S. Customs Service (Lou Brenner, Jr.), of counsel, Washington, DC, for defendants.

Garvey, Schubert & Barer (Eldon V.C. Greenberg) for intervenor-defendant and (Harold G. Bailey, Jr.) Washington, DC, for government of the Republic of Ecuador, amicus curiae.

Opinion & Order

AQUILINO, Judge:

Science and government have apparently come to agree that the turtles which have navigated Earth's oceans for millions of years may not survive modern human habits (and appetites) without the intervention of law. In the United States, the Congress has adopted the Endangered Species Act ("ESA"), 16 U.S.C. § 1531 et seq., and more recently Pub.L. No. 101-162, 103 Stat. 988 (1989). Under ESA, four species...

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