United States Ninth Circuit

In an action brought by fishermen and fishing-related businesses and organizations against the National Marine Fisheries Service and other governmental entities challenging certain management measures undertaken to protect a type of salmon, summary judgment for defendants is affirmed over claims that the measures conflicted with a number of substantive and procedural requirements set forth in the Magnuson-Stevens Fishery Conservation and Management Act.

Appellate Information

• Argued 05/01/2006
• Decided 07/06/2006
• Published 07/06/2006

Judges

• WILLIAM A. FLETCHER, Circuit Judge:, Before: JOHN T. NOONAN, A. WALLACE TASHIMA, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Russell C. Brooks, Pacific Legal Foundation, Bellevue, WA;  Ross Day, Oregonians in Action Legal Center, Tigard, OR, for the appellants.


• For Appellees:
  
• Mark R. Haag, U.S. Department of Justice, Washington, D.C., and James L. Sutherland, Office of the U.S. Attorney, Eugene, OR, for the appellees., Rob Roy Smith, Morisset Schlosser Jozwiak & McGaw, Seattle, WA, and Scott W. Williams, Curtis G. Berkey, Alexander Berkey Williams & Weathers, Berkeley, CA, for the defendants-intervenors-appellees.