United States DC Circuit

Circuit court lacks jurisdiction to hear appeal regarding dispute between fisheries and the Department of Commerce over whether a new regulation drafted by the Department violates national fishery conservation standards by failing to remedy the overfishing of certain species. Although the new regulation was put into place in response to the district court's order, if the fisheries believed the new regulation was still inadequate, they were required to raise that challenge in the district court first.

Appellate Information

• Argued 11/12/2008
• Decided 12/16/2008
• Published 12/16/2008

Judges

• Before:  TATEL and KAVANAUGH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Shaun M. Gehan argued the cause for appellants.   With him on the briefs was David E. Frulla.


• For Appellees:
  
• Sambhav N. Sankar, Attorney, U.S. Department of Justice, argued the cause and filed the brief for appellee.  R. Craig Lawrence and Aaron P. Avila, Assistant U.S. Attorneys, entered appearances.