SEA SHEPHERD NEW ZEALAND v. UNITED STATES

Slip Op. 23-1 Court No. 20-00112.

611 F.Supp.3d 1406 (2023)

SEA SHEPHERD NEW ZEALAND and Sea Shepherd Conservation Society, Plaintiffs, v. UNITED STATES, Gina M. Raimondo, in her official capacity as Secretary of Commerce, United States Department of Commerce, a United States government agency, Janet Coit, in her official capacity as Assistant Administrator of the National Marine Fisheries Service, National Marine Fisheries Service, a United States government agency, Janet Yellen, in her official capacity as Secretary of the Treasury, United States Department of the Treasury, a United States government agency, Alejandro Mayorkas, in his official capacity as 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.

January 9, 2023.


Attorney(s) appearing for the Case

Lia Comerford, Earthrise Law Center at Lewis & Clark Law, of Portland, OR, argued for Plaintiffs Sea Shepherd New Zealand and Sea Shepherd Conservation Society. With her on the briefs was Kevin Cassidy.

Stephen C. Tosini, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., argued for Defendants United States, Gina M. Raimondo, United States Department of Commerce, National Marine Fisheries Service, Janet Yellen, United States Department of the Treasury, Alejandro Mayorkas, and United States Department of Homeland Security. With him on the briefs were Brian M. Boynton, Principal Deputy Assistant Attorney General, and Patricia M. McCarthy, Director. Of counsel was Jason S. Forman, Office of the General Counsel, National Oceanic and Atmospheric Administration, of Silver Spring, MD.

Warren E. Connelly, Trade Pacific PLLC, of Washington, D.C., argued for Defendant-Intervenor New Zealand Government. With him on the briefs were Robert G. Gosselink and Kenneth N. Hammer.


OPINION AND ORDER

The court returns to the critically endangered Māui dolphin, endemic to New Zealand, and to the line of litigation based on the fundamental claim that as a result of incidental capture — also referred to as "bycatch"...

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