United States Second Circuit
New York v. Atl. States Marine Fisheries Comm'n, 09-1594
In an action under section 702 of the Administrative Procedure Act (APA) challenging the Atlantic States Marine Fisheries Commission's (ASMFC) final management rule for the 2008 recreational summer flounder fishery, the district court's denial of the ASMFC's motion to dismiss is reversed where the ASMFC was not a federal agency within the meaning of the APA because it was not an "authority of the [g]overnment of the United States."
Appellate Information
- Argued 03/09/2010
- Decided 06/29/2010
- Published 06/29/2010
Judges
- WESLEY, Circuit Judge
Court
- United States Second Circuit
Counsel
- For Appellant:
- Sean H. Donahue, Shaun M. Gehan