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SEA SHEPHERD NEW ZEALAND v. U.S.

Slip Op. 20-116 Court No. 20-00112.

469 F.Supp.3d 1330 (2020)

SEA SHEPHERD NEW ZEALAND and Sea Shepherd Conservation Society, Plaintiffs, v. UNITED STATES, Wilbur Ross, in his official capacity as Secretary of Commerce, United States Department of Commerce, a United States government agency, Chris Oliver, in his official capacity as Assistant Administrator of the National Marine Fisheries Service, National Marine Fisheries Service, a United States government agency, Steven Mnuchin, in his official capacity as Secretary of the Treasury, United States Department of the Treasury, a United States government agency, Chad Wolf, in his official capacity as Acting Secretary of Homeland Security, and United States Department of Homeland Security, a United States government agency, Defendants, and New Zealand Government, Defendant-Intervenor.

United States Court of International Trade.

August 13, 2020.

Attorney(s) appearing for the Case

Lia Comerford, Earthrise Law Center at Lewis & Clark Law School, of Portland, OR, argued for plaintiffs. With her on the joint brief were Danielle Replogle; and Brett Sommermeyer Catherine Pruett, Sea Shepherd Legal, of Seattle, WA.

Stephen C. Tosini, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With him on the brief were Ethan P. Davis, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director. Of Counsel Daniel J. Calhoun, Assistant Chief Counsel, Office of Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce.

Warren E. Connelly Trade Pacific PLLC, of Washington, DC, argued for defendant-intervenor. With him on the brief were Robert G. Gosselink and Kenneth N. Hammer.

OPINION AND ORDER

The critically endangered Maui dolphin (Cephalorhynchus hectori maui), residing exclusively in the waters surrounding New Zealand's North Island, has been deemed to be facing an extremely high risk of extinction. See Am. Compl. ¶ 38, July 20, 2020...

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