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North Carolina Fisheries Association, Inc. et al v. Gutierrez

MEMORANDUM

13 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,003 times   500 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,498 times   40 Legal Analyses
    Holding that Congress had not yet empowered the FDA to regulate tobacco products

  3. Nat'l Assoc. Home v. Defenders of Wildlife

    551 U.S. 644 (2007)   Cited 868 times   8 Legal Analyses
    Holding that a stray erroneous statement in the Federal Register "which could have had no effect on the underlying agency action being challenged" is not "the type of error that requires a remand"

  4. Citizens Exposing Truth v. Kempthorne

    492 F.3d 460 (D.C. Cir. 2007)   Cited 38 times
    Holding that a publication in the Federal Register is entitled to Chevron deference

  5. Legacy Fishing Company v. Gutierrez

    Civil Action No. 06-0835 (JR) (D.D.C. Mar. 20, 2007)   Cited 1 times   1 Legal Analyses

    Civil Action No. 06-0835 (JR). March 20, 2007 MEMORANDUM JAMES ROBERTSON, District Judge Plaintiffs Legacy Fishing Company and Fishing Company of Alaska, Inc. have filed suit against Commerce Secretary Carlos Guitierrez in his official capacity challenging the legality of Amendment 79 to the Bering Sea/Aleutian Islands Groundfish Fishery Management Plan and its implementing regulations. Environmental organizations Alaska Marine Conservation Council and Oceana have joined the suit as intervenor defendants

  6. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,493 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  7. Section 1852 - Regional Fishery Management Councils

    16 U.S.C. § 1852   Cited 190 times   1 Legal Analyses
    Requiring the councils to conduct public hearings "to allow all interested persons an opportunity to be heard in the development of fishery management plans"

  8. Section 1854 - Action by Secretary

    16 U.S.C. § 1854   Cited 174 times
    Allowing fee "to recover the actual costs directly related to the management, data collection, and enforcement of any limited access privilege program," without limiting fee to payment for observers

  9. Section 1802 - Definitions

    16 U.S.C. § 1802   Cited 152 times   1 Legal Analyses
    Defining "conservation and management"

  10. Section 9 - Repealed

    16 U.S.C. § 9   Cited 1 times

    16 U.S.C. § 9 June 30, 1949, ch. 288, title VI, §602(a)(12), 63 Stat. 400, eff. July 1, 1949; renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583 Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related to exchange of motor vehicles and equipment as part consideration in purchase of new equipment.

  11. Section 600.310 - National Standard 1-Optimum Yield

    50 C.F.R. § 600.310   Cited 62 times   1 Legal Analyses
    Defining overfishing

  12. Section 600.10 - Definitions

    50 C.F.R. § 600.10   Cited 17 times
    Applying same definition for regulations

  13. Section 771.123 - Draft environmental impact statements

    23 C.F.R. § 771.123   Cited 9 times   3 Legal Analyses
    Setting forth applicable procedures and requiring that the "draft EIS . . . evaluate all reasonable alternatives to the action discuss the reasons why other alternatives, which may have been considered, were eliminated from detailed study . . . summarize the studies, reviews, consultations, and coordination required by environmental laws or Executive Orders to the extent appropriate at this stage in the environmental process"