Defenders of Wildlife v. Hogarth

344 F.3d 1333 · Court of Appeals for the Federal Circuit · Sep 25, 2003

Full text

DEFENDERS OF WILDLIFE, Earth Island Institute, The Humane Society of the United States, Environmental Solutions International, Animal Welfare Institute, International Wildlife Coalition, American Humane Association, Earthtrust, Greenpeace Foundation, Animal Fund, American Society for the Prevention of Cruelty to Animals, Sierra Club, Samuel Labudde, and Craig Van Note, and Fund for Animals and David Brower v. William T. HOGARTH, Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration, Donald L. Evans, Secretary of Commerce, Under Secretary of Commerce, Administrator of the National Oceanic and Atmospheric Administration, Assistant Secretary, National Oceanic and Atmospheric Administration, Secretary of State, Secretary of the Treasury, and Commissioner of the United States Customs Service

Opinions in this case

ORDER A petition for rehearing en banc was filed by the Appellants, and a response thereto was invited by the court and filed by the Appellees. This matter was referred first as a petition for rehearing to the merits panel that heard the appeal. Thereafter, the petition for rehearing en banc, and response were referred to the circuit judges who are authorized to request a poll whether to rehear the appeal [1334] en bane. A poll was requested, taken, and failed. Upon consideration thereof, IT IS ORDERED THAT: (1) The petition for rehearing is denied. (2) The petition for rehearing en banc is denied.