United States Ninth Circuit
Sea Hawk Seafoods, Inc. v. Locke, 07-35754
In an action challenging certain fishery management regulations, the dismissal of the complaint is affirmed where: 1) the Magnuson-Stevens Fishery Conservation and Management Act's (MSA) limitations period barred Plaintiffs' direct challenge to the regulations; and 2) Plaintiffs' failure to act claim was an impermissible attempt to recast its direct challenge to the regulations so as to avoid the MSA's shortened limitations period.
Appellate Information
- Argued 12/09/2008
- Decided 06/17/2009
- Published 06/17/2009
Judges
- CALLAHAN, Circuit Judge:, Before: RONALD M. GOULD, RICHARD C. TALLMAN and CONSUELO M. CALLAHAN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Leonard J. Feldman, Michael T. Shein, Kevin P. Sullivan, Seattle, WA, on behalf of appellants Sea Hawk Seafoods, Inc. and the Non-AFA Processors Association.
- For Appellees:
- Anna T. Katselas, United States Department of Justice, Washington, D.C., on behalf of appellees Gary F. Locke, United States Secretary of Commerce; United States Department of Commerce; National Oceanic and Atmospheric Administration; and National Marine Fisheries Service.