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Fed. Circ. Won’t Lift Import Ban Meant To Protect Porpoise

Law360 (May 20, 2019, 7:44 PM EDT) -- The Federal Circuit on Monday retained a ban on the import of Mexican seafood caught with nets that can also kill a small, endangered porpoise, but sent the matter to the U.S. Court of International Trade to consider new facts.

The court said circumstances had not changed enough to disrupt the status quo, forcing the Trump administration to continue abiding by Judge Gary S. Katzmann's July preliminary injunction that the government stop accepting shrimp and other fish caught in the area of the endangered vaquita.

But it asked the CIT to review the federal government's claims that recent agency actions negated...

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