Facts

The humpback whale and other marine life face several threats in the ocean due to factors including pollution, climate change and vessel strikes. Vessel strikes particularly affect migratory whales off the coast of California. On January 14, 2021, the Center for Biological Diversity and Friends of the Earth filed a complaint against the U.S. Coast Guard and National Marine Fisheries Service for declaratory and injunctive relief.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants failed to meet Endangered Species Act consultation requirements which resulted in a flawed biological study that failed to consider the actions that have proven to reduce ship strikes (such as reduced vessel speed limits and route changes to reduce overlap between the whales and shipping traffic), the leading cause of death for blue, fin and humpback whales off California's coast.

DEFENDANTS' CONTENTIONS: Defendant contended that plaintiffs lacked standing, and that the study violated the Endangered Species Act.

Result

Plaintiffs' motion for summary judgment on their first cause of action for violation of the Endangered Species Act was granted and accordingly, the court did not address the other arguments.