This is another decision in the lengthy series of tuna-dolphin litigation between various environmental groups and the US Government. This case relates to the decision of the US Secretary of Commerce, of 31 December 2002, to reclassify the "dolphin-safe" requirement following a final finding by the NMFS that "the chase and intentional deployment on or encirclement of dolphins with purse seine nets is not having a significant adverse impact on depleted dolphin stocks in the [ETP]."

That decision was immediately challenged by the plaintiffs. By agreement between the two parties, a stay of implementation of the decision was ordered in January and the plaintiffs brought the present claim for a preliminary injunction to maintain the status quo (i.e. no change in the dolphin safe standard) until final disposition of the case. The application was granted.