ELR Citation: 42 ELR 20185
No(s). CV 210-014 (S.D. Ga. Sep 6, 2012) (Godbey Wood, J.)

A district court dismissed environmental groups' NEPA and ESA lawsuit challenging the U.S. Navy's decision to install an undersea warfare training range off the coast of Jacksonville, Florida. The range is to be located offshore of federally designated critical habitat and adjacent to the only known calving grounds of the highly endangered North Atlantic right whale. The Navy, however, fully complied with its responsibilities under NEPA. The Navy did not have "incomplete" or "unavailable" information with regards to marine mammal densities and bottom habitat surveys. It analyzed marine mammal densities and bottom habitat surveys in forming its final EIS, and the fact that it plans to conduct further thorough studies in the future does not negate this analysis. In addition, the Navy's final EIS analyzed both the installation and operation phases of the range and, therefore, did not unlawfully segment the proposed action's analysis. The Navy also took a hard look at the environmental consequences of the proposed action on right whales, sea turtles, and manatees. As for the groups' ESA claims, the Navy complied with the statute's consultation requirements. In addition, the National Marine Fisheries Service's (NMFS') biological opinion was not arbitrary and capricious. The NMFS adequately supported its conclusion that installation activities would not result in the "take" of endangered sea turtles and that operations on the range will not cause "jeopardy" to right whales. The NMFS also considered both the installation and the operation phases of the range in its jeopardy analysis, and it rationally supported its conclusion that there will be no adverse modification on critical habitat.