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Appeals Court Rejects Environmental Group's Challenge to Wild Shrimp Import Decisions - Environment

Publication Date: 
February 24, 2012
Source: 
Daily Report For Excutives (BNA - Bloomberg)
Author: 
Rossella Brevetti

Professor Deborah Sivas was mentioned in the following article by Rossella Brevetti of the Daily Report for Executives (BNA-Bloomberg) on the Ninth Circuit Court of Appeals' rejection of an environmental case on shrimp imports.

The U.S. Court of Appeals for the Ninth Circuit ruled Feb. 17 that Turtle Island Restoration Network (TIRN) was barred by res judicata from bringing a claim against the State Department alleging National Environmental Policy Act and Endangered Species Act violations arising from certification decisions on shrimp imports (Turtle Island Restoration Network v. State Department, 9th Cir., No. 10-17059, 2/17/12).

Earth Island Institute, of which TIRN was formerly a part, brought earlier lawsuits challenging State Department regulations implementing the certification process under Section 609(b) of Public Law 101-162. Section 609(b) bars the importation of wild shrimp harvested with technology that may adversely affect endangered sea turtles except for countries which the State Department certifies employ a turtle protection program comparable to the United States.

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Holley Horrell, law student (argued pursuant to Rule 46-4), Deborah A. Sivas (supervising attorney), Alicia E. Thesing, Robb W. Kapla, Justin Goodwin, Environmental Law Clinic, Mills Legal Clinic of Stanford Law School, Stanford, California, for the appellant.