United States Fifth Circuit

Dismissed for lack of jurisdiction. A frustrated, generalized interest in the statutory requirement that defendant include "fair and balanced" representation of commercial and recreational fishing interests does not constitute an injury in fact for purposes of standing; section 1861(d) of the Magnuson-Stevens Fishery Conservation and Management Act does not waive sovereign immunity.

Appellate Information

• Decided 03/19/2004
• Published 03/19/2004

Judges

• BENAVIDES, Circuit Judge:, Before BENAVIDES, STEWART and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• L. Kevin Coleman (argued), Law Office of L. Kevin Coleman, New Orleans, LA, James Felix Gasquet, Law Office of James F. Gasquet, III, Buras, LA, for Plaintiffs-Appellants., Mark A. Brown, U.S. Dept. of Justice, Environment & Nat. Resources, Washington, DC, for U.S. Dept. of Commerce.


• For Appellees:
  
• William Brandt Lazarus (argued), U.S. Dept. of Justice, Environment & Nat. Resources Div., Washington, DC, for Defendants-Appellees.