United States DC Circuit
Fishing Co. of Alaska, INC. v. Gutierrez, 07-5153
In suit challenging a final rule establishing a minimum "groundfish retention standard" for the Bering Sea and Aleutian Islands fishing region, summary judgment for defendants is reversed where the inadequacy of the statutorily required predicate action of the North Pacific Fishery Management Council fatally tainted the Final Rule's three challenged monitoring and enforcement requirements.
Appellate Information
- Argued 11/06/2007
- Decided 12/18/2007
- Published 12/18/2007
Judges
- Before: HENDERSON and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Shaun M. Gehan argued the cause for appellant. With him on the briefs was David E. Frulla.
- For Appellees:
- Stacey W. Person, Attorney, U.S. Department of Justice, argued the cause for federal appellee. With her on the brief was John L. Smeltzer, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance., Eric P. Jorgensen and Janis Searles were on the brief for intervenor-appellees Oceana and Alaska Marine Conservation Council.