Legal Opinion
Center for Biological Diversity v. Kempthorne
Court of Appeals for the Ninth Circuit
Decided December 2, 2009No. 08-35402PublishedCited by 68 opinions
1Opinion of the Court
FARRIS, Circuit Judge:
I. Background
In August 2006, the United States Fish and Wildlife Service promulgated five-year regulations under the Marine Mammal Protection Act § 101(a)(5) that authorize for a five-year period the non-lethal “take” of polar bears and Pacific walrus by oil and gas activities in and along the Beaufort Sea on the Northern Coast of Alaska. 50 C.F.R. Part 18. The term “take” means “to harass, hunt, capture, or kill, or to attempt to harass, hunt, capture, or kill any marine mammal.” 16 U.S.C. § 1362(13). Under the regulations, individual oil and gas operators may apply to…
2Cases cited22 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
17 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Blunt v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 2014
- Humane Society of the United States v. LockeCourt of Appeals for the Ninth Circuit · 2010
- Center for Biological Diversity v. Ken SalazarCourt of Appeals for the Ninth Circuit · 2012
- WildEarth Guardians v. United States Department of AgricultureCourt of Appeals for the Ninth Circuit · 2015
- In Defense of Animals v. U.S. Department of the InteriorCourt of Appeals for the Ninth Circuit · 2014
63 more not listed; retrieve them via the Exa API.