United States Federal Circuit

Sanctions under 16 USC 1826a(b)(3)(A)(ii) for unlawful large-scale driftnet fishing are a matter for the President to decide, since whether negotiations with another country are "satisfactorily concluded" cannot be measured against a fixed standard.

Appellate Information

• Decided 01/04/2001
• Published 01/04/2001

Judges

• PLAGER, Senior Circuit Judge., Before CLEVENGER, Circuit Judge, PLAGER, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Patti A. Goldman,Earthjustice Legal Defense Fund, of Seattle, WA, argued for plaintiffs-appellants.


• For Appellees:
  
• Lucius B. Lau, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendants-appellees.   With him on the brief were David W. Ogden, Assistant Attorney General;  Lois J. Schiffer, Assistant Attorney General;  and David M. Cohen, Director.   Of counsel were Mark A. Brown, Attorney;  James C. Kilbourne, Attorney;  and M. Alice Thurston, Attorney.   Also of counsel were Violanda Botet, Attorney, U.S. Department of State, of Washington, DC;  and Margaret Hayes, Attorney, Department of Commerce, of Washington, DC.