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OCEANA, INC. v. GUTIERREZ

No. 05-5448.

488 F.3d 1020 (2007)

OCEANA, INC., Appellant v. Carlos GUTIERREZ, In his Official Capacity as Secretary of the U.S. Department of Commerce, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 2007.

Attorney(s) appearing for the Case

Eric A. Bilsky argued the cause and filed the briefs for appellant. James F. Simon entered an appearance.

Andrew Mergen, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was John E. Arbab, Attorney.

Before: GINSBURG, Chief Judge, and RANDOLPH and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

Leatherback sea turtles are so named because of their unusual, rubber-like shell. They are found throughout the oceans of the world, in the Atlantic, Pacific, and Indian oceans, the Caribbean Sea, and the Gulf of Mexico. Leatherbacks are the largest living sea turtles; their front flippers can span nearly 9 feet, and they range in weight from 450 to 1,500 pounds. Since 1970, the...

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