NATURAL RESOURCES DEFENSE COUNCIL v. PRITZKER

No. 14-16375.

828 F.3d 1125 (2016)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; Humane Society of the United States; Cetacean Society International; Ocean Futures Society; Jean-Michel Cousteau; Michael Stocker, Plaintiffs-Appellants, v. Penny PRITZKER, Secretary, U.S. Department of Commerce; National Marine Fisheries Service; Eileen Sobeck, Assistant Administrator for Fisheries; Kathryn D. Sullivan, Administrator of the National Oceanic and Atmospheric Administration; Ray Mabus, Secretary of the Navy; Jonathan Greenert, Admiral, Chief of Naval Operations, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2016.


Attorney(s) appearing for the Case

Michael E. Wall (argued), Natural Resources Defense Council, San Francisco, California; Joel R. Reynolds and Giulia C.S. Good Stefani , Natural Resources Defense Council, Santa Monica, California; Sara C. Tallman , Natural Resources Defense Council, Chicago, Illinois; Barbara J. Chisholm , Altshuler Berzon LLP, San Francisco, California; for Plaintiffs-Appellants.

Emily Polachek (argued), Kevin W. McArdle , Ty Bair, J. David Gunter II , and Andrew C. Mergen , Trial Attorneys; John C. Cruden , Assistant Attorney General; Environment and Natural Resources Division, Department of Justice, Washington, D.C.; for Defendants-Appellees.

Before: John T. Noonan, Ronald M. Gould, and Michelle T. Friedland, Circuit Judges.


OPINION

This appeal presents a challenging question relating to the proper scope under the Marine Mammal Protection Act (MMPA) of mitigation measures required to protect marine mammals when the responsible federal agency, the National Marine Fisheries Service (NMFS), seeks to approve incidental "take" relating to...

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