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Defenders of Wildlife v. Dalton

In action by wildlife protection group to challenge Commerce Department's lifting of tuna embargo against Mexico, requirement that complete administrative record be filed with Court of International Trade was not satisfied, where Commerce Department failed to include Federal Register notice of its finding and other documents considered by decisionmakers; however, documents and records of public comments not considered by decisionmakers did not have to be included in administrative record.

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The full case caption appears at the end of this opinion. Before the court is Plaintiffs’ Motion to Complete the Administrative Record (“Pls.’ Mot.”).Defenders of Wildlife, et al. (“Defenders” or “Plaintiffs”), ask the court to order Penelope D. Dalton,et al. [FOOTNOTE 1] (“Defendants”), to provide as part of the administrative record, three types of documents: (1) a copy of the contested Government of Mexico affirmative finding determination as required byUSCIT R. 72(a)(1) ; (2) all documents submitted by the public, interested parties, and governmentswith regard to the challenged actions in accordance with USCIT R. 72(a)(3); and (3) all documentsdirectly or indirectly considered by the relevant decisionmakers. For the following reasons, the courtgrants Plaintiffs’ motion with regard to the Government of Mexico affirmative findingdetermination, the depleted finding regarding the Eastern Spinner Dolphin, and certain Inter-AmericanTropical Tuna Commission (“IATTC”) documents. However, the court denies Plaintiffs’motion with respect to the remainder of the documents that Plaintiffs seek to have included in theadministrative record, because Plaintiffs have not provided the court with evidence that the relevantdecisionmakers either directly or indirectly considered those documents in the determination.

II. BACKGROUND

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