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DEFENDERS OF WILDLIFE v. HOGARTH

Slip Op. 01-142, No. 00-02-00060.

177 F.Supp.2d 1336 (2001)

DEFENDERS OF WILDLIFE, et al., Plaintiffs, v. William T. HOGARTH, et al., Defendants.

United States Court of International Trade.

December 7, 2001.

Attorney(s) appearing for the Case

Defenders of Wildlife (William J. Snape, III), for Plaintiffs.

Robert D. McCallum, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Lucius B. Lau); Anthony P. Hoang, Attorney, Environment and Natural Resources Division, General Litigation Section, United States Department of Justice; Mark A. Brown and Wayne D. Hettenbach, Attorneys, Environmental and Natural Resources Division, Wildlife and Marine Resources Section, United States Department of Justice; Judson J. Feder, Southwest Regional Counsel, NOAA, United States Department of Commerce, of Counsel; Violanda Botet, Attorney-Advisor, Office of Legal Advisor, United States Department of State, of counsel, for Defendants.

Wilmer, Cutler & Pickering (Lynn M. Fischer) and the Ocean Conservancy (Jane P. Davenport), for Amici Curiae Environmental Defense, Inc., National Wildlife Federation, Inc., The Ocean Conservancy and World Wildlife Fund, Inc.

OPINION

BARZILAY, District Judge.

[Plaintiffs' Motion for Judgment pursuant to USCIT Rule 56.1 denied.]

I. INTRODUCTION

In this case, the court is asked to evaluate the latest actions taken by the government of the United States in its long effort to protect dolphins endangered as a result of certain tuna-fishing practices. This government action began in 1972, with the passage of the United States Marine Mammal Protection Act ("MMPA")...

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