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Civil Procedure Keyed to Marcus
Winter v. Natural Resources Defense Council, Inc.
Citation:
555 U.S. 7 (2008)Facts
The U.S. Navy planned to conduct a series of 14 training exercises in the waters off Southern California (SOCAL) from February 2007 to January 2009. These exercises involved the use of mid-frequency active (MFA) sonar, which is the Navy’s primary tool for detecting quiet diesel-electric submarines. The Navy prepared an Environmental Assessment (EA) rather than a full Environmental Impact Statement (EIS), concluding that the exercises would not have a significant impact on the environment despite predicting hundreds of physical injuries and thousands of behavioral disturbances to marine mammals. Environmental groups, led by the Natural Resources Defense Council, sued the Navy, claiming violations of NEPA and seeking an injunction to halt or restrict the exercises. After several rounds of litigation, the District Court imposed a preliminary injunction with six mitigation measures, including a requirement to shut down sonar when marine mammals were detected within 2,200 yards and to power down sonar during significant surface ducting conditions. The Navy challenged only these two restrictions, arguing they would compromise its ability to conduct effective training.
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