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Natural Resources Defense Council v. Winter

ELR Citation: 38 ELR 20012
Nos. No. 8:07-cv-00335, (C.D. Cal., 01/03/2008) preliminary injunction

A district court issued a preliminary injunction ordering the U.S. Navy to implement various mitigation measures to protect marine mammals from mid-frequency sonar used during training exercises off the southern California coast. The court previously enjoined the Navy's use of sonar for training exercises, but on appeal, the Ninth Circuit ordered the district court to issue a narrower injunction to provide mitigation conditions under which the Navy may conduct its training exercises. Under the injunction, the Navy, among other things, must maintain a 12-nautical mile exclusion zone from the California coastline at all times and must cease the use of sonar whenever a marine mammal is spotted within 2,200 yards.

[Prior decisions in this litigation can be found at 37 ELR 20229 and 20283.]