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CAFC Denies Attempt by Government at Quick Lifting of Mexico Fish Injunction

The U.S. Court of Appeals for the Federal Circuit on May 20 denied a bid by the U.S. government to lift an injunction banning imports of fish products from Mexican fisheries engaging in practices that threaten the vaquita porpoise (see 1807260039). The government had told CAFC that it has submitted several briefs to the Court of International Trade showing that the injunction is no longer necessary because of actions taken by the U.S. and Mexican governments, including a finding that a Mexican Gulf of California corvina fisheries doesn’t meet comparability requirements and should be declared ineligible for importation (see 1812030020). The Federal Circuit said CIT should have the chance to review the briefs before the appeals court takes up the case. “We are not convinced by the Government that the factual circumstances have changed so much as to warrant our dismissal of the preliminary injunction before reconsideration by the CIT,” it said.

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(Natural Resources Defense Council v. U.S., #18-2325, dated 05/20/19, Judges Reyna, Bryson and Stoll)