Legal Opinion

Midwater Trawlers Co-Operative v. Department of Commerce

Court of Appeals for the Ninth Circuit

Decided December 28, 2004No. 03-35398PublishedCited by 2 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

Midwater Trawlers Cooperative, West Coast Seafood Processors, and the Fishermen’s Marketing Association (collectively “Appellants” or “Midwater”) challenge the Secretary of Commerce’s decision to allocate a portion of the U.S. harvest of Pacific whiting1 to the Makah Indian Tribe (“the Makah Tribe”). Appellants argue that the allocation runs afoul of the Magnuson-Stevens Fishery Conservation and Management Act (“Magnuson-Stevens Act”), 16 U.S.C. § 1801 et seq., and the Administrative Procedure Act (“APA”). In an earlier appeal in this case, we concluded that the…

2Cases cited19 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  3. Camp v. PittsSupreme Court of the United States · 1973
  4. Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990
  5. Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979

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3Cited by2 opinions

  1. United States v. WashingtonDistrict Court, W.D. Washington · 2012
  2. Midwater Trawlers Co-Operative v. Department Of CommerceCourt of Appeals for the Ninth Circuit · 2004

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