Today, on behalf of leading marine mammal scientists and three animal welfare and conservation organizations, Lizzie Lewis of Eubanks & Associates presented oral argument to the U.S. Court of Appeals for the D.C. Circuit. Last year, a federal district court concluded that our clients lacked standing to raise their challenge to NMFS’s new policy in 2017 to no longer enforce industry compliance with longstanding permit conditions under the Marine Mammal Protection Act, which have for decades required NMFS to collect necropsy reports once cetaceans in captivity die and then, in turn, disclose such information to the public through the Freedom of Information Act. We have argued that the district court ruling contravenes binding D.C. Circuit precedent, which recognizes the ability of organizations and individuals with specific and particularized interests to challenge agency actions and policies that harm their concrete interests in the information sought. An audio link to the oral argument can be found here.

Photo courtesy of NOAA Fisheries: https://www.fisheries.noaa.gov/species/killer-whale