Detailed Index
Preliminary Statement
I. BACKGROUND FACTS AND PROCEDURAL HISTORY
II. HOW THE NATIONAL MARINE FISHERIES SERVICE APPLIED THE ENDANGERED SPECIES ACT TO THE DISTRICT.
III. THE UNITED STATES CANNOT MEET THE STANDARD REQUIRED TO OBTAIN A TEMPORARY INJUNCTION.
IV. THE SECRETARY'S DECISION TO LIST ROGUE RIVER COHO AS "THREATENED" WAS ARBITRARY, CAPRICIOUS AND CONTRARY TO LAW.
V. THE SECRETARY'S DECISION TO INVOKE § 4(d) OF THE ENDANGERED SPECIES ACT AND EXTEND THE "TAKINGS" PROHIBITION TO ROGUE RIVER COHO WAS ARBITRARY, CAPRICIOUS, AND CONTRARY TO LAW.
VI. THE SECRETARY'S DENIAL OF A § 10 PERMIT FOR THE DISTRICT WAS ARBITRARY, CAPRICIOUS AND CONTRARY TO LAW.
VII. NMFS' ABUSES OF DISCRETION, AND THREATS TO THE CONSTITUTIONAL RIGHTS OF THE DISTRICT AND ITS PATRONS, MERIT THE ENTRY OF A TRO AGAINST ENFORCEMENT OF THE TAKE PROHIBITION.
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