Center for Biological Diversity v. Raimondo

Summary

The Northern District of California granted the Center for Biological Diversity summary judgment in part, holding that the National Marine Fisheries Service unlawfully issued a 2021 incidental-take permit for the Washington/Oregon/California sablefish pot fishery. The court concluded that the Marine Mammal Protection Act required a take reduction plan for ESA-listed humpback whales and that insufficient funding did not eliminate that requirement. The court deferred consideration of remedies and the challenge to the 2020 biological opinion.

Holdings

1. Under the plain language of 16 U.S.C. § 1387(f)(1), NMFS was required to develop and implement a take reduction plan for the ESA-listed humpback whales interacting with the sablefish pot fishery.
2. NMFS violated the MMPA and APA by issuing the 2021 incidental take permit without determining that a take reduction plan had been developed or was being developed for the ESA-listed humpback whales.
3. NMFS's interpretation could not overcome the unambiguous statutory text, and the court declined to defer to an interpretation that conflicted with the MMPA's mandatory requirements.

Questions Presented

1. Whether the MMPA required NMFS to develop or be developing a take reduction plan for ESA-listed humpback whales interacting with the sablefish pot fishery.
2. Whether NMFS lawfully issued the 2021 incidental take permit under 16 U.S.C. § 1371(a)(5)(E)(i)(III) without a take reduction plan having been developed or being developed.
3. Whether NMFS's interpretation of the MMPA funding and prioritization provision relieved it of the obligation to develop a take reduction plan.
4. What remedy should follow from the unlawful permit issuance and whether CBD could independently challenge the 2020 biological opinion.

Disposition

other