Case Summary Citation
588 F.3d 701 (9th Cir. 2009)
The Ninth Circuit affirmed the decision to grant summary judgment to the Fish and Wildlife Service, upholding MMPA and NEPA regulations. The court found the Service did not violate MMPA or NEPA in authorizing a period for oil and gas operators to apply to conduct non-lethal takes of polar bears and Pacific walrus. The Service was not required to address the possibility that climate change, in addition to the non-lethal takes, may put additional stress on polar bear populations.