In an action challenging certain fishery management regulations, the dismissal of the complaint is affirmed where: 1) the Magnuson-Stevens Fishery Conservation and Management Act's (MSA) limitations period barred Plaintiffs' direct challenge to the regulations; and 2) Plaintiffs' failure to act claim was an impermissible attempt to recast its direct challenge to the regulations so as to avoid the MSA's shortened limitations period.
Appeal from the United States District Court for the Western District of Washington John C. Coughenour, District Judge, Presiding.
Argued and Submitted December 9, 2008 -- Seattle, Washington
Filed June 17, 2009
Before: Ronald M. Gould, Richard C. Tallman and Consuelo M. Callahan, Circuit Judges.
Opinion by Judge Callahan
Anna T. Katselas, United States Department of Justice, Washington, D.C., on behalf of appellees Gary F. Locke, United States Secretary of Commerce; United States Department of Commerce; National Oceanic and Atmospheric Administration; and National Marine Fisheries Service.