Conservation Council for Hawaii v. National Marine Fisheries Service

97 F. Supp. 3d 1210 (2015)

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Conservation Council for Hawaii v. National Marine Fisheries Service

United States District Court for the District of Hawaii
97 F. Supp. 3d 1210 (2015)

Facts

The United States Navy proposed to conduct training off the coasts of Hawaii and Southern California. The area where training would occur was inhabited by 39 species of marine animals, eight of which were classified as endangered and one of which was threatened. The Navy studied the impact of its activities in conjunction with the National Marine Fisheries Service (NMFS) (defendant) and sought for an authorization from the NMFS to allow the navy to take a certain number of marine animals incidental to its training activities. The authorization was required to comply with the Marine Mammal Protection Act (the MMPA). Multiple environmental groups (plaintiffs) filed suit against the federal government (defendant). The NMFS issued a final decision that the Navy’s proposed activities would have a negligible impact on all marine mammal species and authorized the Navy’s request. The Conservation Council for Hawaii (the council) (plaintiff) filed suit and sought judicial review of the administrative decisions by the NMFS, which it claimed violated the MMPA. The NMFS asserted that it complied with all federal requirements, including the MMPA, and moved for summary judgment. The council also moved for summary judgment in its favor.

Rule of Law

Issue

Holding and Reasoning (Mollway, C.J.)

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