Natural Resources Defense Council Inc., International Fund for Animal Welfare, Cetacean Society International, League for Coastal Protection, Jean-Michael Cousteau, Ocean Futures Society v. Donald C. Winter, Secretary of the Navy; United States Department of the Navy
Published: Mar. 7, 2009 | Result Date: Dec. 30, 2008 | Filing Date: Jan. 1, 1900 |Case number: 2:05-cv-07513-FMC-FMO Settlement – $14,750,000 for research/schedule/release/fees
Court
USDC Central
Attorneys
Plaintiff
Defendant
Facts
Defendant U.S. Navy uses mid-frequency sonar during worldwide training exercises.
The plaintiffs Natural Resources Defense Council Inc., International Fund for Animal Welfare, Cetacean Society International, League for Coastal Protection, Jean-Michel Cousteau and Ocean Futures Society filed suit for injunctive and declaratory relief to ensure the use of mid-frequency sonar complied with environmental laws.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendants' use of mid-frequency sonar has a detrimental effect on marine wildlife. The plaintiffs argued that the defendants did not perform the requisite environmental impact evaluations under the National Environment Policy Act and violated the Endangered Species Act (ESA) as well as the Marine Mammals Protection Act.
DEFENDANTS' CONTENTIONS:
The defendants contended that they complied with all the relevant laws and prepared all the necessary reports. The defendants argued that they consulted with the National Marine Fisheries Service, in compliance with the ESA.
Damages
The plaintiffs sought injunctive and declaratory relief.
Result
The plaintiffs accepted a settlement in the amount of $14.75 million, which went to fund new marine mammal research and $1.1 million in attorney's fees for this and a related case. The U.S. Navy agreed to prepare and issue public environmental impact assessments as well as to release previously classified information concerning its use of sonar.
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