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ALASKA v. LUBCHENCO

Civil Action No. 10-0927 (RCL).

825 F.Supp.2d 209 (2011)

State of ALASKA, Plaintiff, and Escopeta Oil Company, Intervenor Plaintiff, v. Jane LUBCHENCO, Administrator, National Oceanic and Atmospheric Administration, et al., Defendants, and Alaska Center for the Environment, a nonprofit corporation, et al., Intervenor Defendants.

United States District Court, District of Columbia.

November 21, 2011.

Attorney(s) appearing for the Case

Bradley E. Meyen, Assistant Attorney General, Anchorage, AK, Craig D. Galli, Holland & Hart LLP, Salt Lake City, UT, Emily C. Schilling, Alison Suthers, Holland & Hart, Washington, DC, Murray D. Feldman, Holland & Hart LLP Boise, ID, for Plaintiff.

Constance Morrow Pendleton, James Patrick Walsh, Lisa Beth Zycherman, Richard L. Cys, Davis Wright Tremaine, LLP, Washington, DC, for Intervenor Plaintiff.

Kristen Byrnes Floom, U.S. Department of Justice, Washington, DC, for Defendants.

Sierra B. Weaver, Defenders of Wildlife, Washington, DC, Brian A. Litmans, Trustees for Alaska, Rebecca Noblin, Victoria Clark, Anchorage, AK, for Intervenor Defendants.

MEMORANDUM OPINION

ROYCE C. LAMBERTH, Chief Judge.

The absence of an expected change is sometimes indistinguishable from the presence of an observed one. So when the best available science predicts that a recently enacted ban on subsistence hunting will reverse the abrupt depletion of a species, a decade without any noticeable recovery in the species' population should raise a concern that the true cause of its decline has not been fully addressed. The species...

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