Franklin

On June 26, 1991, Greenpeace Action (“Greenpeace”) filed a complaint against the Secretary of Commerce (the “Secretary”) alleging violations of the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321 -4370d, and section 7(a)(2) of the Endangered Species Act (“ESA”), 16 U.S.C. § 1536 (a)(2), by the Secretary and the National Marine Fisheries Service (the “Service”). Greenpeace sought declaratory relief and an injunction against continued pollock fishing in the Gulf of Alaska until the Service complied with the law. On September 30, 1991, Greenpeace moved for summary judgment and a permanent injunction. The Service filed a cross motion for summary judgment. The district court denied Greenpeace’s motions and granted the Service’s motion in an order entered on October 11, 1991. Greenpeace appeals from that order. The district court had jurisdiction under 28 U.S.C. § 1331 (federal question), 5 U.S.C. § 702 (Administrative Procedure Act) and 16 U.S.C. § 1540 (g) (Endangered Species Act, citizen suit). We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 .

I

FACTS

This case arose out of concern over the fate of the Steller sea lion, which inhabits the…