Ocean Conservancy, Inc. v. National Marine Fisheries Service

MEMORANDUM *

The Ocean Conservancy, Inc., Turtle Island Restoration Network, and the Center for Biological Diversity (collectively, “Ocean Conservancy”) appeal the district court’s denial of their motion for a preliminary injunction. Defendant National Marine Fisheries Service (“NMFS”) has moved to dismiss this appeal from a denial of a preliminary injunction as moot. Because the district court’s orders prevent NMFS from engaging in any of the action Ocean Conservancy seeks to enjoin, we agree that the interlocutory appeal is moot and dismiss, remanding for further proceedings in the district court.

Ocean Conservancy challenged NMFS’s issuance of Permit 1303 authorizing one of its research centers to take a number of endangered sea turtles in the course of scientific research into methods that might reduce the amount of turtle “bycatch” during longline fishing. Ocean Conservancy also challenged the Biological Opinion that NMFS issued along with the Permit; the Opinion supported the authorization with a finding that the research was not likely to jeopardize the turtle species under the Endangered Species Act (“ESA”). The wisdom and promise of the research is disputed by the…