Natural Resources Defense Council, Inc. v. DONALD C. WINTER, Secretary of D.C. No. the Navy

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 NATURAL RESOURCES DEFENSE
COUNCIL, INC.; THE INTERNATIONAL
FUND FOR ANIMAL WELFARE;
CETACEAN SOCIETY INTERNATIONAL;
LEAGUE FOR COASTAL PROTECTION;
OCEAN FUTURES SOCIETY; JEAN-
MICHEL COUSTEAU,
Plaintiffs-Appellees,
v. No. 08-55054
DONALD C. WINTER, Secretary of D.C. No.
the Navy; UNITED STATES CV-07-00335-FMC
DEPARTMENT OF THE NAVY; CARLOS Central District 
M. GUTIERREZ, Secretary of the of California,
Department of Commerce; Santa Ana
NATIONAL MARINE FISHERIES ORDER
SERVICES; WILLIAM HOGARTH,
Assistant Administrator for
Fisheries of the National
Oceanographic and Atmospheric
Administration; CONRAD C.
LAUTENBACHER, JR., Administrator
of the National Oceanographic and
Atmospheric Administration,
Defendants-Appellants. 
Filed January 25, 2008
Before: Betty B. Fletcher, Dorothy W. Nelson and
Stephen Reinhardt, Circuit Judges.
1239

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ORDER
The panel’s January 16, 2008 order remanding the case to
the district court is designated for publication.
1240 NATURAL RESOURCES DEFENSE COUNCIL v. WINTER

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