Evans

ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

Both sides in this action filed Cross-Motions for Summary Judgment [Document Number 17 and 21] and a hearing was conducted on February 27, 2002. Andrew Caputo of the Natural Resources Defense Council, Inc. appeared for Plaintiffs. Mauricia Baca of the U.S. Department of Justice appeared for Defendants. Having considered the moving and opposing papers and arguments of the parties, this court hereby GRANTS Plaintiff’s Motion for Summary Judgment, DENIES Defendant’s Cross-Motion, and REMANDS Amendment 13 to National Marine Fisheries Service (“NMFS”) for reconsideration in light of the legal requirements mandated by the Magnuson-Stevens Fishery Conservation and Management Act (“MSA”).

FACTUAL BACKGROUND

Plaintiffs Pacific Marine Conservation Council, Natural Resources Defense Council, and Ocean Conservancy (collectively “Plaintiffs”) move for summary judgment on the grounds that the National Marine Fisheries Service (“NMFS”) violated the Magnuson-Stevens Fishery Conservation and Management Act (“MSA”), 16 U.S.C. § 1801 et seq., by approving Amendment 13 to the Pacific Coast Groundfish Fishery Management Plan…