FLAHERTY et al v. LOCKE et al, No. 1:2011cv00660 - Document 173 (D.D.C. 2019)

Court Description: MEMORANDUM AND OPINION in support of 172 Order granting Defendants' 164 Motion to Dismiss Counts II and III and granting Defendant-Intervenor's 166 Motion to Dismiss in Part. Signed by Judge Timothy J. Kelly on 3/9/2019. (lctjk2)

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Dockets.Justia.com UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA et al. Plaintiffs et al. Defendants MEMORANDUM OPINION FLAHERTY et al v. LOCKE et al Doc. 173 Factual and Procedural Background A. The Magnuson-Stevens Act et seq. Id. See NRDC v. Nat’l Marine Fisheries Serv. Id. Id. e.g. Id. Anglers Conservation Network v. Pritzker C & W Fish Co., Inc. v. Fox Oceana, Inc. v. Locke Id. Anglers Conservation Network Fishermen v. Sec’y, U.S. Dep’t of Commerce Gen. Category Scallop See Id. See id. Oceana B. The Atlantic Herring Fishery Management Plan See Flaherty v. Bryson Flaherty I See Flaherty v. Pritzker Flaherty II See Flaherty I See Flaherty I Flaherty I Flaherty I Id. C. Procedural History See Id. Flaherty I See See See See Flaherty v. Pritzker Flaherty III See see See see also See See See See See Legal Standard Kokkonen v. Guardian Life Ins. Co. of Am. Ins. Corp. of Ir., Ltd. v. Compagnie des Bauxites de Guinee See Arbaugh v. Y & H Corp. Am. Nat’l Ins. Co. v. FDIC Thomas v. Principi See Settles v. U.S. Parole Comm’n Analysis see See See Loeffler v. Frank FDIC v. Meyer Id. United States v. Sherwood Lane v. Pena Brown v. Sec’y of the Army Mellos v. Brownell Trudeau v. FTC see also Anderson v. Carter Clark v. Library of Congress A. Relevant Case Law Soucie v. David Soucie substantial independent authority Id. Id. Soucie Grumman Aircraft Engineering Corp. v. Renegotiation Board rev’d on other grounds Soucie Id. Id. Id. see aff’d Dong v. Smithsonian Inst. See McKinney v. Caldera see also Id. Id. to any agency including any such agency established by the Board Id. Washington Research Project, Inc. v. Department of Health, Education, and Welfare Soucie Grumman Id. Id. Id. Id. Id. Id. Grumman See Renegotiation Bd. v. Grumman Aircraft Eng’g Corp. Id. See Energy Research Found. v. Def. Nuclear Facilities Safety Bd. Soucie Id. Dong v. Smithsonian Institute See id. be exercise Id. authority Id. Id. Pub. Citizen Health Research Grp. v. Dep’t of Health, Educ. & Welfare substantial Id. aff’d Id. Lombardo v. Handler McKinney Wash. Research Project B. Whether the Council Is an “Agency” for Purposes of 5 U.S.C. § 702 See id Conservation Network Anglers Scallop Fishermen See Washington Research Project See See See id. Wash. Research Project Dong Administrative Procedure and the Control of Foreign Direct Investment see also Grumman Dong See id. See see also id. by the Secretary Id. See See, e.g. Kramer v. Mosbacher Commercial Fisheries Ass’n v. Gulf of Mex. Fishery Mgmt. Council aff’d see also id. Delta See J.H. Miles & Co., Inc. v. Brown Dong Miles J.H. be exercise See Scallop Fishermen Anglers Conservation Network v. Pritzker Lane See Anderson Anglers Conservation Network See its own proposed plans See Flaherty I See must See may Flaherty I N.C. Fisheries Ass’n, Inc. v. Gutierrez See Soucie McCrain v. Daugherty Energy Research Foundation J.H. Miles J.H. Miles with J.H. Miles affirmative Lombardo Conclusion See Dong

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