NRDC, et al v. Winter, et al

Filing 920080125


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NATURAL RESOURCES DEFENSE COUNCIL, INC.; THE INTERNATIONAL FUND FOR ANIMAL WELFARE; CETACEAN SOCIETY INTERNATIONAL; LEAGUE FOR COASTAL PROTECTION; OCEAN FUTURES SOCIETY; JEANMICHEL COUSTEAU, Plaintiffs-Appellees, v. DONALD C. WINTER, Secretary of the Navy; UNITED STATES DEPARTMENT OF THE NAVY; CARLOS M. GUTIERREZ, Secretary of the Department of Commerce; NATIONAL MARINE FISHERIES SERVICES; WILLIAM HOGARTH, Assistant Administrator for Fisheries of the National Oceanographic and Atmospheric Administration; CONRAD C. LAUTENBACHER, JR., Administrator of the National Oceanographic and Atmospheric Administration, Defendants-Appellants. No. 08-55054 D.C. No. CV-07-00335-FMC Central District of California, Santa Ana ORDER Filed January 25, 2008 Before: Betty B. Fletcher, Dorothy W. Nelson and Stephen Reinhardt, Circuit Judges. 1239 1240 NATURAL RESOURCES DEFENSE COUNCIL v. WINTER ORDER The panel's January 16, 2008 order remanding the case to the district court is designated for publication. PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2008 Thomson/West.

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