Strong v. United States

5 F.3d 905 (1993)

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Strong v. United States

United States Court of Appeals for the Fifth Circuit
5 F.3d 905 (1993)

Facts

Erv and Sonja Strong (plaintiffs) owned a tour-boat company that sold wild-dolphin-feeding tours. The Strongs filed suit in federal district court against the United States and the secretary of commerce (collectively, the United States) (defendants) challenging the authority of the secretary of commerce to prohibit by regulation the feeding of wild dolphins. The regulation was promulgated after review of expert opinions that argued that the regular feeding of wild dolphins disturbed the natural hunting behavior of the animals. The district court sided with the Strongs, finding that feeding wild dolphins did not constitute harassment or taking of the animals as prohibited by the Marine Mammal Protection Act. The district court issued an injunction preventing the enforcement of the regulation, stating that it was outside the secretary of commerce’s authority to prohibit the activity. The United States appealed the decision of the district court and sought to vacate the injunction.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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