Natural Resources Defense Council, Inc. v. Pritzker

OPINION

GOULD, Circuit Judge:

This appeal presents a challenging question relating to the proper scope under the Marine Mammal Protection’ Act (MMPA) of mitigation measures required to protect marine mammals when the responsible federal agency, the National Marine Fisheries Service (NMFS), seeks to approve incidental “take” relating to military readiness activities. The appeal concerns the Navy’s peacetime use of Surveillance Towed Array Sensor System Low Frequency Active sonar (SURTASS LFA or “LFA sonar”). 1 Congress has required that NMFS set limitations on activities that may cause “take” —…