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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. WINTER

No. 07-56157.

502 F.3d 859 (2007)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; The International Fund for Animal Welfare; Cetacean Society International; League for Coastal Protection; Ocean Futures Society; Jean-Michel Cousteau, Plaintiffs-Appellees, v. Donald C. WINTER, Secretary of the Navy; United States Department of the Navy; Carlos M. Gutierrez, Secretary of the Department of Commerce; National Marine Fisheries Services; William Hogarth, Assistant Administrator for Fisheries of the National Oceanographic and Atmospheric Administration; Conrad C. Lautenbacher, Jr., Administrator of the National Oceanographic and Atmospheric Administration, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

August 31, 2007.

Attorney(s) appearing for the Case

Kathryn E. Kovacs and Allen M. Brabender, Appellate Section, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for the federal defendants-appellants.

Richard B. Kendall, Alan J. Heinrich, and Gregory A. Fayer, Irell & Manella, LLP, Los Angeles, CA; and Joel R. Reynolds, Andrew E. Wetzler, and Cara A. Horowitz, Natural Resources Defense Council, Santa Monica, CA, for the plaintiffs-appellees.

Before: ANDREW J. KLEINFELD, CONSUELO M. CALLAHAN, and MILAN D. SMITH, JR., Circuit Judges.

OPINION AND ORDER

KLEINFELD, Circuit Judge:

The Navy and environmental advocacy organizations have battled for years about whether Navy training using sonar is too harmful to the environment, particularly whales. The Navy uses something called medium frequency active sonar, which basically bounces a loud noise off the hulls of extremely quiet submarines to detect their presence. The loud noise may be quite harmful to whales and other marine mammals. In a...

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