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EARTH ISLAND INSTITUTE v. CHRISTOPHER

Slip Op. 95-103. Court No. 94-06-00321.

890 F.Supp. 1085 (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.

June 5, 1995.

Attorney(s) appearing for the Case

Heller, Ehrman, White & McAuliffe, San Francisco, CA (Joshua R. Floum, Sylvia Quast and Nicole J. Walthall) and Eugene Underwood, Jr., New York City, for plaintiffs.

Frank W. Hunger, Asst. Atty. Gen.; Lois J. Schiffer, Acting Asst. Atty. Gen.; David M. Cohen, Director, Commercial Litigation Branch, Civ. Div. (Marc E. Montalbine and Jeffrey M. Telep) and Environment & Natural Resources Div. (James C. Kilbourne and Christiana P. Perry), U.S. Dept. of Justice; and Office of the Legal Adviser, U.S. Dept. of State (David Balton) and Office of Gen. Counsel, National Oceanic and Atmospheric Admin. (Jason Patlis), Washington, DC, of counsel, for defendants.

Garvey, Schubert & Barer, Washington, DC (Eldon V.C. Greenberg), for intervenor-defendant.

Opinion & Order

AQUILINO, Judge:

Having moved successfully for dismissal of the claims pleaded by Earth Island Institute and its director of the Sea Turtle Restoration Project, Todd Steiner, in the U.S. District Court for the Northern District of California, No. C-92-0832 JPV, aff'd, Earth Island Institute v. Christopher, 6 F.3d 648 (9th Cir. 1993), the defendants seek similar relief herein via an erroneously...

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