|
Kanoa Inc., v. Clinton |
Plaintiff cruise company filed a motion for a temporary restraining order and a preliminary injunction to halt scientific research of the defendant government, alleging standing under the National Environmental Policy Act ("NEPA"), the Marine Mammal Protection Act ("MMPA"), and the Endangered Species Act ("ESA").
|
|
Jones v. Gordon |
A permit was authorized to Sea World to capture killer whales. No environmental impact statement was prepared. Plaintiffs allege that the issuance of the permit without preparation of an environmental impact statement violated the National Environmental Policy Act of 1969. The Court holds that the permit must be reconsidered after an environmental impact statement is prepared.
|
|
Japan Whaling Association v. American Cetacean Society |
Congress had granted the Secretary the authority to determine whether a foreign nation's whaling in excess of quotas diminished the effectiveness of the IWC, and the Court found no reason to impose a mandatory obligation upon the Secretary to certify that every quota violation necessarily failed that standard.
|
|
Institute of Marine Mammal Studies v. National Marine Fisheries Service |
The Institute of Marine Mammal Studies (IMMS) brought action against the National Marine Fisheries Service (NMFS) and others, alleging that NMFS regulations did not properly implement the Marine Mammal Protection Act (MMPA), and that the NMFS was improperly administering placement list for rehabilitated sea lions that could not be reintroduced into the wild. Parties cross-moved for summary judgment. After considering the parties' arguments, the administrative record, and the relevant law, the District Court found that the IMMS lacked standing to bring its claim that NMFS regulations did not properly implement the Marine Mammal Protect Act ("MMPA"). Further, the Court found that it lacked subject matter jurisdiction of IMMS' claims that the NMFS was improperly administering a placement list for non-releasable sea lions. However, the Court found it may review the claims concerning the permit allowing IMMS to "take" sea lions. The Court found that a term included in IMMS' permit improperly delegated federal authority to third parties. The permit was therefore remanded to the agency for reconsideration. Each summary judgment motion was granted in part and denied in part. |
|
Institute of Cetacean Research v. Sea Shepherd Conservation Soc. |
Several whalers brought suit against Paul Watson and the Sea Shepard Society—of Animal Planet fame—under the Alien Tort Statute for acts that amounted to piracy and that violated international agreements regulating conduct on the high seas. Though the district court denied the whalers a preliminary injunction and dismissed the whalers' piracy claim, the Ninth Circuit found in favor for the whalers. The case was reversed and instructed to be transferred to another district judge; Circuit Judge Smith dissented on the instruction to transfer.
|
|
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. |
The Institute of Cetacean Research, a Japanese whaling group, sued the direct action environmental protection organization Sea Shepherd, claiming that Sea Shepherd’s actions taken against the whaling group’s vessels in the Antarctic are violent and dangerous. The Institute claimed that Sea Shepherd had rammed whaling ships, thrown dangerous objects on to the ships, attempted to prevent them from moving forward, and navigated its vessels in such a way as to endanger the Japanese ships and their crews. The Institute’s request for an injunction was denied when the Court held that the Institute did not establish the necessary factors. The Court did state, however, that though Sea Shepherd’s acts did not constitute piracy, it did not approve of the organization’s methods or mission. |
|
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. |
After the Institute was denied an injunction in the trial court, the Ninth Circuit Court of Appeals issued an injunction preventing Sea Shepherd from attacking any of the Institute’s vessels in any way and from coming within 500 yards of any Institute vessel operating in the open sea. |
|
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc'y |
After the International Court of Justice ruled against Japan in the Whaling in the Antarctic case, Sea Shepherd moved to dismiss the Ninth Circuit’s earlier ruling regarding Sea Shepherd’s own actions in the Antarctic. Sea Shepherd claimed that because the Institute had announced that it would not engage in whaling in the 2014-15 season, its claim was moot. This argument, though, ignored the fact the Institute also stated that it plans to resume whaling in the future, leading the Court to dismiss the motion. |
|
In the Matters of: Kyle C. Mueller, et al |
The question in this case was whether respondents, members of a marine mammal conservation group, violated the MMPA by interfering with the authorized capture of six dolphins. As result of this case, which was a civil penalty proceeding, only one of the respondents was found guilty of taking under the MMPA. The court found that the respondent's actions, although taken with noble intentions, endangered the lives of the dolphins, was improper, and dangerous. He was assessed a fine in the amount of $2,000.
|
|
In the Matter of: Thomas E. Rainelli |
This case involves violations of the MMPA by taking, in the form of harassment by feeding or attempting to feed wild dolphins. The respondents, a captain of a vessel used in a dolphin-feeding encounter, and the sole shareholder of a boat renal company, were both found guilty and assessed civil penalties in the amount of $4500. Though the shareholder was not on the vessel when it committed the feeding violations, he was found guilty of violating the MMPA, by providing a platform from which feeding is conducted or supported.
|
