Legal Opinion

Brower v. Evans

Court of Appeals for the Ninth Circuit

Decided July 23, 2001No. 00-15968PublishedCited by 94 opinions

1Opinion of the Court

SILVERMAN, Circuit Judge:

The Secretary of Commerce appeals the district court’s grant of summary judgment in favor of Earth Island.1 The district court held that the Secretary’s Initial Finding, triggering a change in the dolphin-safe label standard, was not in accordance with the law and constituted an abuse of discretion because the Secretary failed to (1) obtain and consider preliminary data from the eongressionally mandated stress studies and (2) apply the proper legal standard to the available scientific information. We affirm.

I. Factual and Procedural Background

This ease concerns…

2Cases cited27 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  4. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  5. Crandon v. United StatesSupreme Court of the United States · 1990

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3Cited by94 opinions

  1. National Wildlife Federation v. National Marine Fisheries ServiceCourt of Appeals for the Ninth Circuit · 2005
  2. Galyna Semienovna Halaim and Mariya Semienovna Halaim v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2004
  3. Islam v. HeinauerDistrict Court, N.D. California · 2014
  4. Biodiversity Legal Foundation v. BadgleyCourt of Appeals for the Ninth Circuit · 2002
  5. Earth Island Institute v. HogarthCourt of Appeals for the Ninth Circuit · 2007

89 more not listed; retrieve them via the Exa API.

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