Center for Biological Diversity v. Ken Salazar

This case involves U.S. Fish and Wildlife Service (“Service”) regulations under Section 101(a)(5)(A) of the Marine Mammal Protection Act (“MMPA”) that authorize incidental take of polar bears and Pacific walruses resulting from oil and gas exploration activities in the Chukchi Sea and on the adjacent coast of Alaska. The Center for Biological Diversity and Pacific Environment (collectively “Plaintiffs”) brought suit challenging the regulations and accompanying environmental review documents under the MMPA, Endangered Species Act (“ESA”), and National Environmental Policy Act (“NEPA”). The district court granted summary judgment to the Service. We affirm.

I. Background

The Chukchi Sea off the North Slope of Alaska is a promising location for oil and gas exploration and development. It also is home to polar bears and Pacific walruses, both of which are marine mammals protected under the MMPA. There are two polar bear stocks in Alaska, with a total estimated population of about 3,500 animals. Surveys taken between 1975 and 1990 estimated the total population of Pacific walruses in the area to be between 200,000 and 250,000 animals. Both polar bears and Pacific walruses…