Legal Opinion

Tutein v. Daley

District Court, D. Massachusetts

Decided March 17, 1999No. CIV.A. 98-11034-MLWPublishedCited by 12 opinions

1Opinion of the Court

ORDER RE: DEFENDANT’S MOTION TO DISMISS (DOCKET ENTRY #9); MOTION OF THE NATIONAL AUDUBON SOCIETY TO INTERVENE AS A DEFENDANT

(DOCKET ENTRY # 16)

BOWLER, United States Magistrate Judge.

Plaintiffs, five New England commercial fishermen of Atlantic Bluefin Tuna (“ABT”), seek declaratory and injunctive relief against defendant William M. Daley, Secretary of the Department of Commerce (“the Secretary”). Plaintiffs complain that the Secretary acted in an arbitrary and capricious manner as well as outside his statutory authority by issuing a May 1, 1998 guideline and by declaring ABT “ov-erfished”…

2Cases cited34 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. Chrysler Corp. v. BrownSupreme Court of the United States · 1979
  4. United States v. FaustoSupreme Court of the United States · 1988
  5. Block v. Community Nutrition InstituteSupreme Court of the United States · 1984

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3Cited by12 opinions

  1. Save Sunset Beach Coalition v. City and County of HonoluluHawaii Supreme Court · 2003
  2. Oceana, Inc. v. LockeDistrict Court, District of Columbia · 2011
  3. Goethel v. U.S. Department of CommerceCourt of Appeals for the First Circuit · 2017
  4. Prince George's Hospital Center v. Advantage Healthplan Inc.District Court, District of Columbia · 2013
  5. Commonwealth v. U.S. Dep't of Health & Human Servs.District Court, District of Columbia · 2018

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