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Turtle Island Restoration Network v. Dep't of State.

Country/Territory
United States of America
Type of court
National - higher court
Date
Feb 17, 2012
Source
UNEP, InforMEA
Court name
United States Court of Appeals, Ninth Circuit
Judge
Gettlema, R.W.
Kozinski, A.
Farris, J.
Reference number
No. 10-17059
Language
English
Subject
Wild species & ecosystems, Legal questions
Keyword
Protection of habitats Protected plant species Protected animal species Protected fish species Protection of species
Abstract
Turtle Island Restoration Network (“TIRN”), a non-profit environmental organization, appeals from the district court’s dismissal of its claim on res judicata grounds. TIRN alleges that the United States Department of State failed to satisfy its consultation and environmental assessment obligations under the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321 et seq., and the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531 et seq., in conducting annual certifications of countries exempted from the general ban on shrimp imports. Section 609(b) of Public Law 101-162 prohibits the importation of shrimp harvested with technology that may adversely affect sea turtles, except from countries certified to employ a turtle protection program comparable to that of the United States. Pub. L. 101-162, § 609(b), 103 Stat. 988, 1038 (1989). The Court must decide whether TIRN’s current lawsuit for NEPA and ESA violations is precluded by its earlier lawsuits challenging the State Department’s regulations implementing the section 609(b)(2).certification process. The district court's dismissal of the plaintiff's claim on res judicata grounds is affirmed, where the claims arose from the same transactional nucleus of facts as those litigated in the plaintiff's earlier lawsuits challenging the State Department’s regulations implementing the certification process.
Full text
COU-158113.pdf