Center for Biological Diversity v. Lohn

483 F.3d 984 CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff-Appellant, v. Robert LOHN, Northwest Regional Administrator of National Marine Fisheries Service; Carlos M. Gutierrez, Secretary of Commerce, U.S. Department of Commerce, Defendants-Appellees. No. 05-35638. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 15, 2006. Filed April 26, 2007. Brent Plater, Center for Biological Diversity, San Francisco, CA, argued the cause for the plaintiff-appellant, and filed briefs. M. Alice Thurston, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC, argued the cause for the defendants-appellees; Sue Ellen Woolridge, Assistant Attorney General, Keith Rizzardi and David Shilton, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC, Melanie J. Rowland, Office of the General Counsel, National Oceanic and Atmospheric Administration, Seattle, WA, and Benjamin C. Jesup, Office of the Solicitor, U.S. Department of the Interior, Washington, DC, were on the brief. Appeal from the United States District Court for the Western District of Washington; Robert S. Lasnik, District Judge, Presiding. D.C. No.…