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EARTH ISLAND INSTITUTE v. CHRISTOPHER

Slip Op. 96-62. Court No. 94-06-00321.

922 F.Supp. 616 (1996)

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.

April 10, 1996.

Attorney(s) appearing for the Case

Legal Strategies Group, Emeryville, CA (Joshua R. Floum) for the plaintiffs.

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

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

Graham & James LLP, Washington, DC (Michael P. Daniels and Andrea Fekkes Dynes) for the government of El Salvador, amicus curiae.

MEMORANDUM & ORDER

AQUILINO, Judge:

In 1989, following years of mounting concern over possible extinction of sea turtles, Congress enacted Pub.L. No. 101-162, § 609, 103 Stat. 988, 1037-38, 16 U.S.C. § 1537 note, part (b)(1) of which provides that the importation into the United States of shrimp or products from shrimp which have been harvested with commercial fishing technology which may affect adversely endangered species of sea turtles...

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