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TEXAS v. CRABTREE

Case No. 1:13-cv-70.

948 F.Supp.2d 676 (2013)

The State of TEXAS, and the State of Louisiana, Petitioners, v. Roy E. CRABTREE, in his official capacity as the Regional Administrator of the National Marine Fisheries Service, Alan D. Risenhoover, in his official capacity as the National Marine Fisheries Service Director of the Office of Sustainable Fisheries, Rebecca M. Blank, in her official capacity as acting United States Secretary of Commerce, The National Oceanic and Atmospheric Administration, the United States Department of Commerce, and The National Marine Fisheries Service, Respondents.

United States District Court, S.D. Texas, Brownsville Division.

May 31, 2013.

Attorney(s) appearing for the Case

Mark L. Walters, John Reed Clay, Jr., Assistant Attorney General, Linda B. Secord, Office of the Attorney General of Texas, Austin, TX, Jackson Davis Logan, III, Louisiana DOJ-Office of the Attorney General, Baton Rouge, LA, for Petitioners.

Mark Arthur Brown, Joanna Kathryn Brinkman, U.S. Department of Justice, Washington, DC, for Respondents.

MEMORANDUM OPINION AND ORDER

ANDREW S. HANEN, District Judge.

At issue is whether an Emergency Rule promulgated by the Secretary of Commerce shortening the red snapper fishing season in federal waters off the coasts of certain Gulf states was unlawful under the Magnuson-Stevens Act. The Secretary promulgated the Rule following the recommendation of the Gulf Council of the National Marine Fisheries Service ("NMFS"), a special council created by the Magnuson...

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