Eben Hopson, Sr. v. Juanita Kreps

This case presents difficult questions of statutory interpretation, justiciability, and the scope of judicial review of administrative action in foreign affairs. Hopson brought this action against the United States, the Secretary of Commerce and other government personnel and agencies (government) to challenge the validity of Department of Commerce regulations adopted pursuant to the International Whaling Convention Act of 1949. 16 U.S.C. §§ 916-9167 . The district court dismissed the action as presenting a non-justiciable political question. Hopson v. Kreps, 462 F.Supp. 1374 (D.Alaska 1979). Because we find that the district court had jurisdiction to consider Hopson’s statutory claim, we reverse and remand.

I.

The 1946 International Whaling Convention (Convention), 62 Stat. 1716 , was entered into for the purpose of strengthening efforts to conserve whale populations around the world. Since prior treaties could only be amended by formal protocol, and therefore did not lend themselves to establishment of seasonal quotas for the taking of whales, a major purpose of the Convention was the creation of an international commission with power to fix such quotas. See Hopson v. Kreps,…