United States Federal Circuit

The government's decision to permit the importation of shrimp caught with Turtle Excluder Devices (TED) from uncertified nations is in accordance with section 609(b) of Public Law 101-162, a statute designed to impose TEDs on shrimping vessels of foreign nations.

Appellate Information

• Decided 03/21/2002
• Published 03/21/2002

Judges

• CLEVENGER, Circuit Judge., Before NEWMAN, CLEVENGER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joshua R. Floum, Legal Strategies Group, of Emeryville, California, argued for plaintiffs-appellants.   With him on the brief was Ariela F. St. Pierre.


• For Appellees:
  
• M. Alice Thurston, Attorney, Environment and Natural Resources Division, Appellate, Department of Justice, of Washington, DC, argued for defendants-cross appellants.   With her on the brief were John C. Cruden, Deputy Assistant Attorney General;  Jane P. Davenport, and Ellen J. Durkee, Attorneys, Wildlife & Marine Resources Section.   Of counsel were David M. Cohen, Director;  Lucius B. Lau, Jeffrey C. Dobbins, and Jean E. Williams, Attorneys;  Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC. Also of counsel were Anne V. Liu, Attorney, National Oceanic & Atmosph.   Administration;  and Violanda Botet, Attorney Advisor, Department of State;  Pamela B. Lawrence, Attorney, Department of Commerce, of Washington, DC. Eldon V.C. Greenberg, Attorney, Garvey Schubert, of Washington, DC, for National Fisheries Institute, Inc.