Defenders of Wildlife, Earth Island Institute v. Hogarth

Opinion for the court filed by Circuit Judge SCHALL. Opinion concurring in part and dissenting in part filed by Circuit Judge PAULINE NEWMAN.

SCHALL, Circuit Judge.

Defenders of Wildlife, various other nongovernmental organizations, and several *1360individuals filed suit in the United States Court of International Trade challenging three administrative determinations made by the Assistant Administrator for Fisheries of the National Marine Fisheries Service (“NMFS”). NMFS is part of the National Oceanic and Atmospheric Administration (“NOAA”), which is a component of the United States Department of…