Motor Vessel Theresa Ann v. Kreps
Citation: 7 ELR 20458
No. No. 77-1401, 548 F.2d 1382/9 ERC 2072/(9th Cir., 02/24/1977) Injunction stayed
The court stays a preliminary injunction issued by the district court which conditionally allowed tuna fishermen to take porpoise incidental to their fishing, contrary to the Marine Mammal Protection Act (MMPA), until a 1977 permit was issued. The district court abused its discretion by enjoining the effect of the MMPA where the appellees had shown neither that they were likely to succeed on the merits nor that the balance of hardships tipped sharply in its favor. The economic hardship to the tuna industry is not so severe as to outweigh the public interest, as expressed in the MMPA, in protecting porpoise.
Counsel for Appellants
Peter R. Taft, Ass't Attorney General; Bruce Rashkow, Margaret Strand
Department of Justice
Room 2644, Washington DC 20530
Counsel for Appellees
William M. Kammer
Gray, Cary, Ames & Frye
2100 Union Bank Bldg., San Diego CA 92101
Huntington, Bryan, Harper, Burney & Newman-Crawford
Suite 1100, Wells Fargo Bank Bldg., 1007 Fifth Ave., San Diego CA 92101
Before DUNIWAY, SNEED and KENNEDY, Circuit Judges.
KENNEDY, Circuit Judge, concurs in the result.