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Center for Biological Diversity v. Kempthorne

Filing Date: 2007
Case Categories:
  • Federal Statutory Claims
    • Endangered Species Act and Other Wildlife Protection Statutes
Principal Laws:
National Environmental Policy Act (NEPA), Marine Mammal Protection Act (MMPA)
Description: Challenge to U.S. Fish and Wildlife Service rule that authorized “incidental take” of polar bears and Pacific walruses from oil and gas activities in and along the Beaufort Sea.
  • Center for Biological Diversity v. Kempthorne
    Docket number(s): 08-35402
    Court/Admin Entity: 9th Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    12/02/2009 Opinion Download Dismissal affirmed. The Ninth Circuit held that companies exploring for oil and gas in the Beaufort Sea could accidently disturb polar bears and Pacific walruses without violating federal law. The court held that the incidental take rules for the animals in and around the sea, which is on Alaska’s north coast, were carefully and properly issued by the U.S. Fish and Wildlife Service in 2006. The court ruled that the climate change evidence presented by the Center for Biological Diversity showed only a “generalized threat to polar bear populations” and did not show a significant impact.
  • Center for Biological Diversity v. Kempthorne
    Docket number(s): 07-cv-00141
    Court/Admin Entity: D. Alaska
    Case Documents:
    Filing Date Type File Action Taken Summary
    04/22/2008 Order Download Summary judgment granted to defendants and claims dismissed.
  • Center for Biological Diversity v. Kempthorne
    Docket number(s): 07-cv-0894
    Court/Admin Entity: N.D. Cal.
    Case Documents:
    Filing Date Type File Action Taken Summary
    02/13/2017 Complaint Download Complaint filed.
    07/12/2007 Order Download Motion to transfer granted.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.