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Natural Resources Defense Council v. Ross

ELR Citation: 48 ELR 20199
Nos. 2018-2325, (Fed. Cir., 11/28/2018) (Marksteiner, J.)

The Federal Circuit upheld a ban on the importation from Mexico of shrimp and other seafood caught with gillnets or within the range of the critically endangered vaquita porpoise. A lower court issued a preliminary injunction requiring the Department of Commerce to ban importation of all shrimp, curvina, sierra, and chano fish and their products from the Gulf of California, Mexico, unless they were affirmatively identified as having been caught with gear other than gillnets or outside the range of the endangered porpoise. On appeal, the agency moved to stay the preliminary injunction, but the appellate court concluded the agency did not establish that a stay was warranted. The court therefore denied the agency's motion and noted that it would consider a motion by the agency to expedite oral argument.