Case Summary Citation
Natural Resources Defense Council, Inc. v. Pritzker, No. 14-16375, ___F.3rd___, 2016 WL 3854207 (9th Cir. July 15, 2016)
Abstract
In Natural Resources Defense Council, Inc. v. Pritzker, the Ninth Circuit dealt with the conflict of science in making legal and policy decisions. NMFS was held to a stringent mitigation standard to protect marine mammals against the Navy’s use of LFA sonar for military operations. In this decision the court held that agencies are required to apply the least practicable adverse impact on marine mammals in these types of operations and agencies must listen to their own experts when making these decisions.