Northwest Environmental Defense Center v. William G. Gordon, and State of Oregon, Defendants-Intervenors-Appellees

Plaintiffs-appellants Northwest Environmental Defense Center, Oregon Trout, Inc., and Arthur Bums (collectively “NEDC”) brought this action against several federal agencies to challenge the management measures governing the 1986 salmon fishing season and the constitutionality of the composition of the Pacific Fishery Management Council. Because the 1986 season concluded before the case was decided, the district court dismissed the case as moot. NEDC appeals from that dismissal. Because we find that NEDC’s action is not moot, we reverse and remand the case to the district court for consideration on the merits.

BACKGROUND

The federal government regulates fisheries under the Fishery Conservation and Management Act of 1976 (Magnuson Act), 16 U.S.C. §§ 1801 et seq. (1982). The statute establishes eight regional fishery management councils, including the Pacific Fishery Management Council (“PFMC”) which encompasses California, Oregon, Washington, and Idaho. Id. § 1852(a)(6). The PFMC and the other councils prepare fishery management plans (“FMPs”) for the fisheries in their areas that require conservation and management; the FMPs are approved and implemented by the Secretary of…