United States Ninth Circuit

Denial of a motion for injunctive relief and dismissal of plaintiffs' complaint for lack of jurisdiction is affirmed where plaintiffs' environmental claims were appropriately characterized as an attack on regulations reopening a fishery; the Magnuson-Stevens Fishery Conservation and Management Act's statute of limitation applied, and plaintiffs' petition was barred since it was filed beyond the Act's thirty-day time limitation.

Appellate Information

• Argued 11/17/2005
• Decided 02/21/2006
• Published 02/21/2006

Judges

• McKEOWN, Circuit Judge., Before:  HAWKINS, McKEOWN, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul H. Achitoff and Isaac H. Moriwake, Earthjustice, Honolulu, HI, for the plaintiffs-appellants.


• For Appellees:
  
• M. Alice Thurston, United States Department of Justice, Washington, D.C., for the defendants-appellees., Jeffrey W. Leppo and Laurie K. Beale, Stoel Rives, LLP, Seattle, WA, for the defendant-intervenor-appellee.