This cases follows a decision of the Secretary of Commerce to amend the dolphin-safe standard for tuna so as to permit the import of tuna caught using purse seines provided the fish were caught in compliance with the Agreement on the International Dolphin Conservation Program. The decision of the Secretary of Commerce was based on an initial finding (based on various research projects specifically mandated by Congress) that there was insufficient evidence that the use of chase and encirclement fishing techniques for tuna in association with dolphins was having a “significant adverse impact” on depleted dolphin populations in the Eastern Pacific Ocean (EPO). The District Court set aside the Secretary's initial finding, stating that it was not in accordance with the law and was an abuse of discretion because the Secretary failed to (1) obtain and consider preliminary data from the congressionally mandated stress studies and (2) apply the proper legal standard to the available scientific information.
  

Order of 12 April 2000