United States First Circuit

In a challenge to Secretary of Commerce regulations that limit the number of lobster traps permitted per fishing vessel, summary judgment was improper where the Secretary did not satisfy the "consultation" requirement of the Atlantic Coastal Act.

Appellate Information

• Decided 11/22/2002
• Published 11/22/2002

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mark A. McSally, with whom Kelly, Kelleher, Reilly & Simpson was on brief, for appellants.


• For Appellees:
  
• David J. Lazerwitz, Attorney, Appellate Section, Environment & Natural Resources Division, with whom Thomas L. Sansonetti, Assistant Attorney General, John T. Stahr, Attorney, Appellate Section, and Charles Lynch, Office of Regional Counsel, were on brief, for appellee.