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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. WINTER

No. 08-55054.

518 F.3d 704 (2008)

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, California Coastal Commission, Intervenor-Appellee, 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.

February 29, 2008.

Attorney(s) appearing for the Case

Alan J. Heinrich, Esq., Irell & Manella, LLP, Los Angeles, CA, Cara Horowitz, Esq., Natural Resources Defense Council, Santa Monica, CA, for Plaintiffs-Appellees.

Kathryn E. Kovacs, Esq., Allen M. Brabender, Esq., DOJ-U.S. Department of Justice Environment & Natural Resources Division, Washington, DC, Michael R. Eitel, Esq., DOJ-U.S. Department of Justice Environment & Natural Resources Division, Denver, CO, for Defendants-Appellants.

D.C. No. CV-07-00335-FMC, Central District of California, Santa Ana.

Before: B. FLETCHER, D.W. NELSON, and STEPHEN REINHARDT, Circuit Judges.

ORDER

As we explain in our opinion issued concurrently with this order, we affirm the district court's January 3, 2008 preliminary injunction order, as modified on January 10, 2008. The preliminary injunction permits the Navy to complete the remaining eight of fourteen scheduled COMPTUEX and JTFEX exercises in the waters off the coast of southern California on the condition that it employ a number of measures designed to mitigate the harm to marine mammals that...

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