Earth Island Institute v. Christopher

Memorandum and Order

Aquilino, Judge:

In the aftermath of this court’s denial of defendants’ motion for partial summary judgment per slip op. 95-103, 19 CIT 812, 890 F.Supp. 1085 (1995), they come forth with a motion to amend their answer to include as an affirmative defense that “[plaintiffs’ claims are barred by the statute of limitations contained in 28 U.S.C. § 2636(i).” The intervenor-defendant National Fisheries Institute, Inc.1 supports the motion, while the plaintiffs decry it on grounds of “undue delay, unfair prejudice and * * * futility”2.

I

Slip op. 95-103 concluded, as had the U.S.…