Turtle Island Restoration Network v. United States Department of State

Turtle Island Restoration Network (“TIRN”), a non-profit environmental organization, appeals from the district court’s dismissal of its claim on res judicata grounds. TIRN alleges that the United States Department of State failed to satisfy its consultation and environmental assessment obligations under the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., and the Endangered Species Act (“ESA”), 16 U.S.C. § 1531 et seq., in conducting annual certifications of countries exempted from the general ban on shrimp imports. Section 609(b) of Public Law 101-162 prohibits the importation of shrimp harvested, with technology that may adversely affect sea turtles, except from countries certified to employ a turtle protection program comparable to that of the United States. Pub.L. 101-162, § 609 (b), 103 Stat. 988 , 1038 (1989). We must decide whether TIRN’s current lawsuit for NEPA and ESA violations is precluded by its earlier lawsuits challenging the State Department’s regulations implementing the section 609(b)(2) certification process.

I. Background

A. Section 609

One of the primary threats to sea turtles is the use of trawl nets by commercial shrimp…