Center for Biological Diversity, et al. v. Salazar, et al., No. 10-35123 (9th Cir. 2012)
Annotate this CaseThis case involved the Service's regulations under Section 101(a)(5)(A) of the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1371(a), that authorized incidental take of polar bears and Pacific walruses resulting from oil and gas exploration activities in the Chukchi Sea and on the adjacent coast of Alaska. Plaintiffs brought suit challenging the regulations and accompanying environmental review documents under various environmental acts. The court held that the Service permissibly determined that only "relatively small numbers" of polar bears and Pacific walruses would be taken in relation to the size of their larger populations, because the agency separately determined that the anticipated take would have only a "negligible impact" on the mammals' annual rates of recruitment or survival. The "small numbers" determination was consistent with the statute and was not arbitrary and capricious. The court also held that the Service's accompanying Biological Opinion and Environmental Assessment (EA) complied with the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., and the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq.
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