Earth Island Institute v. Evans

2004 WL 1774221 (2004)

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Earth Island Institute v. Evans

United States District Court for the Northern District of California
2004 WL 1774221 (2004)

AR

Facts

The Commerce and State Departments sought amendments to the definition of dolphin-safe tuna. Under the International Dolphin Conservation Program Act, Congress amended the definition to allow the importation of tuna caught with dolphin-encircling purse seines if, after conducting research on the effects of repeated chasing and encirclement by fishing vessels on dolphin populations, the secretary, using the best available science, found that such activities did not have significant adverse effects. The secretary made a finding that there was insufficient evidence of an adverse effect on dolphins, and Earth Island Institute (institute) (plaintiff) sued. The institute argued that the finding was not based on the best available scientific evidence but was based on considerations not recognized by the act.

Rule of Law

Issue

Holding and Reasoning (Henderson, J.)

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