FNP,

I'll try to explain a possible reason why NOAA didn't appeal Hogan. Justice (DOJ) handles appeals for all federal agencies - they don't know about any specialty like fisheries; they're govm't lawyers.

NOAA is composed of several types of members. Managers who manage things like budgets, administrative secretaries who get a lot of the work done, keeps staff supplied with pencils and computers, etc. Technical folks, scientists, like the oceanographers, the meteorologists who predict the weather and track hurricanes, and biologists who manage whales and fish, etc. And then there are policy people. Recall that the root of policy is politic, i.e. policy folks are political appointees or work directly for political appointees. The decision to appeal or not appeal Hogan is not made by the secretaries; nor is it made by scientists, altho scientists who are in management may recommend an appeal. But the decision that counts is made at the policy level, someone who is a political appointment. D. Robert Lohn, Regional Administrator (not to be confused with administrative assistants) is a political appointee. He is in the unenviable position of performing NOAA Fisheries management and conservation functions, which may at times be at direct odds with the policy intent of the President who appointed him. The Regional Administrator, or the other political appointees he reports to, decide what court decisions the agency will appeal or not.

Hope that helps.

Sincerely,

Salmo g.