Evans
Earth Island Institute v. Evans
Opinion
Opinion
Henderson, J.
ORDER RE: PRELIMINARY INJUNCTION
This matter came before the Court on Monday, April 7, 2003, on plaintiffs’ motion for a preliminary injunction pursuant to Federal Rule of Civil Procedure 65. Having carefully considered the written and oral arguments presented, the record herein, and the governing law, the Court grants plaintiffs’ motion for the reasons set forth below.
I. BACKGROUND
Much of the background to this action is set forth in great detail in the prior opinions of this Court and the Ninth Circuit Court of Appeals and will not be repeated here. See Brower v. Daley, 93 F.Supp.2d 1071 (N.D.Cal.2000) (“Brower I”); aff'd Brower v. Evans, 257 F.3d 1058 (9th Cir.2001). At issue, once again, is a finding by the Secretary of Commerce (“Secretary”) under the International Dolphin Conservation Program Act (“IDCPA”) regarding the impact of purse seine fishing operations on dolphins who inhabit the Eastern Tropical Pacific ocean (“ETP”).
Over the last thirty years, Congress has enacted various legislation in response to public outcry over millions of dolphins deaths caused by tuna fishermen using purse seine nets in the ETP. Brower, 257 F.3d at 1060 . In 1990, Congress enacted…