Oceana, Inc. v. Evans et al

District of Columbia, dcd-1:2004-cv-00810

ORDER granting in part and denying in part {{61}} Motion for Summary Judgment, denying plaintiff's Motion for Permanent Injunctive Relief [#62], granting {{70}} Motion for Leave to File Surreply. Signed by Judge Ellen S. Huvelle on 8/2/05.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________) OCEANA, INC.,)) Plaintiff,)) v.) Civil Action No. 04-810 (ESH)) DONALD L. EVANS, et al.,)) Defendants.) ____________________________________) ORDER For the reasons set out in the accompanying Memorandum Opinion, it is hereby ORDERED that defendant-intervenor's Motion for Leave to File Surreply [#70] is GRANTED; and it is FURTHER ORDERED that plaintiff's motion for summary judgment [#61] is DENIED with two exceptions. Plaintiff's motion as to its Fifth Claim for Relief is GRANTED insofar as it challenges under the Magnuson-Stevens Act ("MSA") and the Administrative Procedure Act defendants' failure in Amendment 10 to establish a standardized bycatch reporting methodology, and plaintiff's motion as to its Seventh Claim for Relief is GRANTED insofar as it challenges under the MSA defendants' approval of Framework 16's modification of Amendment 10's habitat closures; and it is FURTHER ORDERED that issue of establishing a standardized bycatch reporting methodology is REMANDED for further action consistent with the accompanying Memorandum Opinion; and it is FURTHER ORDERED that the portions of Framework 16 that modify the habitat closures established by Amendment 10 are VACATED; and it is FURTHER ORDERED that plaintiff's Motion for Permanent Injunctive Relief [#62] is DENIED; and it is FURTHER ORDERED that summary judgment is GRANTED in favor of defendants, except as to plaintiff's Fifth and Seventh claims for relief, as described above. s/ ELLEN SEGAL HUVELLE United States District Judge Date: August 2, 2005 - 2 -