United States DC Circuit

Rejection of claim that the National Marine Fisheries Service acted arbitrarily when it predicted that the measures it was putting in place would result in a 13.1 percent mortality rate by 2007 for leatherback turtles caught in longlines is affirmed where the Service's judgment is not arbitrary or capricious.

Appellate Information

• Argued 03/19/2007
• Decided 06/01/2007
• Published 06/01/2007

Judges

• Before:  GINSBURG, Chief Judge, and RANDOLPH and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Eric A. Bilsky argued the cause and filed the briefs for appellant.   James F. Simon entered an appearance.


• For Appellees:
  
• Andrew Mergen, Attorney, U.S. Department of Justice, argued the cause for appellees.   With him on the brief was John E. Arbab, Attorney.