Construing the Pelly and Packwood-Magnuson Amendments: The D.C. Circuit Court Harpoons Executive Discretion—American Cetacean Society v. Baldridge, 768 F.2d 425 (D.C. Cir. 1985), cert. granted sub nom. Japan Whaling Association v. American Cetacean Society, 106 S. Ct. 787 (1986) (Nos. 85-954, 955)

Authors

Erin K. Flory

Abstract

The court declared that the Secretary of Commerce has no discretion to refuse certifying the Japanese for exceeding the IWC sperm whaling quota. The court permanently enjoined the Secretary from agreeing not to certify, and from failing to certify, any Japanese whaling activities exceeding IWC quotas. The court ordered the Secretary to certify the Japanese sperm whaling under both the Pelly and the Packwood-Magnuson Amendments. On appeal, the District of Columbia Circuit Court of Appeals affirmed the district court decision on slightly different grounds. The Supreme Court granted certiorari and will hear the case during the 1985-86 term. A careful examination of the whaling agreement, the Pelly and the Packwood-Magnuson Amendments, and the circuit court decision suggests that the Supreme Court should reverse the appellate court's decision because the agreement is consistent with the amendments and the Secretary of Commerce had discretion not to certify the Japanese in this case.

First Page

631

Recommended Citation

Erin K. Flory, Recent Developments, Construing the Pelly and Packwood-Magnuson Amendments: The D.C. Circuit Court Harpoons Executive Discretion—American Cetacean Society v. Baldridge, 768 F.2d 425 (D.C. Cir. 1985), cert. granted sub nom. Japan Whaling Association v. American Cetacean Society, 106 S. Ct. 787 (1986) (Nos. 85-954, 955), 61 Wash. L. Rev. 631 (1986).
Available at: https://digitalcommons.law.uw.edu/wlr/vol61/iss2/9