NRDC, et al v. Winter, et al, No. 08-55054 (9th Cir. 2009)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NATURAL RESOURCES DEFENSE COUNCIL, INC.; THE INTERNATIONAL FUND FOR ANIMAL WELFARE; CETACEAN SOCIETY INTERNATIONAL; LEAGUE FOR COASTAL PROTECTION; OCEAN FUTURES SOCIETY; JEANMICHEL COUSTEAU, Plaintiffs-Appellees, v. DONALD C. WINTER, Secretary of the Navy; UNITED STATES DEPARTMENT OF THE NAVY; CARLOS M. GUTIERREZ, Secretary of the Department of Commerce; NATIONAL MARINE FISHERIES SERVICES; WILLIAM HOGARTH, Assistant Administrator for Fisheries of the National Oceanographic and Atmospheric Administration; CONRAD C. LAUTENBACHER, JR., Administrator of the National Oceanographic and Atmospheric Administration, Defendants-Appellants. ï£¼ ï£½ No. 08-55054 D.C. No. CV-07-00335-FMC Central District of California, Santa Ana ORDER ï£¾ Filed January 25, 2008 Before: Betty B. Fletcher, Dorothy W. Nelson and Stephen Reinhardt, Circuit Judges. 1239 1240 NATURAL RESOURCES DEFENSE COUNCIL v. WINTER ORDER The panel s January 16, 2008 order remanding the case to the district court is designated for publication. PRINTED FOR ADMINISTRATIVE OFFICE U.S. COURTS BY THOMSON/WEST SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson/West.

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