ELR Citation: 51 ELR 20195
No(s). 21-cv-112 (APM) (D.D.C. Nov 10, 2021) (Mehta, J.)

A district court granted in part and denied in part NMFS' motion to dismiss a lawsuit seeking an expansion of the Service's 2008 Vessel Speed Rule to protect North Atlantic right whales. Conservation groups argued NMFS had unreasonably delayed its response to the groups' 2012 and 2020 petitions to expand the rule, and sought to compel the Service to respond. The Service moved to dismiss for lack of subject matter jurisdiction on mootness grounds. The court found that a letter the Service sent to the groups in March 2021 stated its definitive decision with respect to the 2012 petition in no uncertain terms, but not to the 2020 petition, and thus constituted an adequate "response" to the 2012 petition for APA purposes but not to the 2020 petition. It therefore concluded the groups' claim as to the 2012 petition was moot, but that the 2020 petition was not, and granted in part and denied in part the Service's motion to dismiss.