Defenders of Wildlife v. Gutierrez, 532 F. 3d 913 (D.C. Cir. 2008)
Case Summary:
We represented a coalition of groups, including Defenders of Wildlife and HSUS,
seeking to protect the critically imperiled North Atlantic right whale from
collisions with marine vessels. Reducing ship speeds and rerouting vessels are
the most effective mechanisms to address these ship strikes. After plaintiffs
filed two lawsuits over ship speeds, NMFS finally promulgated ship speed
restrictions in important right whale habitat. As for ship routing, the D.C.
Circuit rejected the Coast Guard's argument that it had no obligations to
address ship routing under the Endangered Species Act because routing decisions
are made by the International Maritime Organization. As a result of this ruling the
Coast Guard agreed to consult with NMFS over the impacts of these routing
measures on right whales.
Plaintiffs: Defenders of Wildlife, Ocean Conservancy, The Humane Society of the United States, and an individual.
Court: United States Court of Appeals, District of Columbia Circuit
Documents: Courts Opinion