Turtle Island Restoration Network v. United States Department of Commerce’s Empirical Analysis
438 F.3d 937 · 2006
Citation profile
11 federal appellate · 6 district ·
Relationships
Relies on Duncan v. Walker · Bennett v. Spear · Marsh v. Oregon Natural Resources Council · Brown v. General Services Administration · George Duncan Superintendent Great Meadow Correctional Facility v. Sherman Walker
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“prevent overfishing while achieving, on a continuing basis, optimum yield” (Standard One); "be based on the best scientific information available” (Standard Two); and "to the extent practicable, (a) minimize bycatch and (b) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch” (Standard Nine). 16 U.S.C. §§ 1851 (1), (2), (9). 2 . "River herring” is the collective term for two species of fish — the alewife and the blue-back herring — because the two species are difficult to distinguish from each other and are managed as a single stock. Compl. ¶ 17. Similarly, "shad” is the collective term for two species of fish-the American shad and the hickory shad. Compl. ¶ 19. 3 . The final rules implementing the most recent amendments to the FMPs for Atlantic herring and squid, mackerel and butterfish were published on: January 28, 2008 (Atlantic herring) and March 11, 2010 (squid, mackerel, and butterfish). 4 . As other circuits have held, Invocation of the magic words, "the Magnuson Act,”
1 later decision quote this exact passage · from the majority“To allow parties to avoid this limitation through manipulation of form ... while in substance challenging the regulations, would permit parties 'through careful pleading ... [to] avoid the ... limits imposed by Congress.' ") (alteration in original) (citations omitted); see also Brown v. Gen. Servs. Admin. , 425 U.S. 820 , 833, 96 S.Ct. 1961 , 48 L.Ed.2d 402 (1976) ("It would require the suspension of disbelief to ascribe to Congress the design to allow its careful and thorough remedial scheme to be circumvented by artful pleading.”
1 later decision quote this exact passage · from the majority“Invocation of the magic words, "the Magnuson Act," is not a predicate to application of § 1855(f) if the substance of the challenge is to the regulations themselves. Notably, § 1855(f) does not state that challenges "under the Magnuson Act” must be brought within thirty days, but instead that judicial review of “[rjegulations promulgated by the Secretary under the [Magnuson Act]” must brought within the stated time limit.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.