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BETTY B. FLETCHER, Circuit Judge: Defendants Secretary of the Navy, Department of the Navy, Secretary of the Department of Commerce, National Marine Fisheries Service (NMFS), and two Administrators of the National Oceanographic and Atmospheric Administration (NOAA) appeal the district court’s January 3, 2008 order, as modified on January 10, 2008, granting a motion for a preliminary injunction and imposing certain conditions on the completion of the remaining eight of fourteen large training exercises scheduled to be conducted by the Navy’s Third Fleet in the waters off the coast of southern California between February 2007 and January 2009 (the “SOCAL exercises”). The motion was filed by plaintiffs Natural Resources Defense Council, Inc., International Fund for Animal Welfare, Cetacean Society International, League for Coastal Protection, Ocean Futures Society, and Jean-Michel Cousteau (collectively “NRDC” or “plaintiffs”), who are concerned that the Navy’s use of high-intensity, mid-frequency active sonar (“MFA sonar”) in the SOCAL exercises will cause serious harm to various species of marine mammal present in the southern California waters, and by extension, to plaintiffs themselves. In granting NRDC’s motion for a preliminary injunction, the district court found that NRDC had demonstrated probable success on the merits of its claim that the Navy violated the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., by failing to prepare an Environmental Impact Statement (“EIS”). The district court also found that NRDC had demonstrated probable success on the merits of its claim that the Navy violated the Coastal Zone Management Act (“CZMA”), 16 U.S.C. § 1451 et seq., by submitting a consistency determination to the California Coastal Commission (“CCC”) that did not take into account the planned use of MFA sonar and by failing to adopt the mitigation measures the CCC determined were necessary for the SO-CAL exercises to be consistent with the California Coastal Management Program (“CCMP”). On January 15, 2008, the Council on Environmental Quality (“CEQ”) purported to approve “alternative arrangements,” pursuant to 40 C.F.R. § 1506.11, that would permit the Navy to continue its exercise without first completing an EIS. On the same day, President George W. Bush, pursuant to 16 U.S.C. § 1456(c)(1)(B), exempted from the requirements of the CZMA the Navy’s use of MFA sonar in the SOCAL exercises. On February 4, 2008, the district court upheld its injunction on the basis of plaintiffs’ NEPA claim, concluding CEQ’s action was invalid and therefore not entitled to deference. The district court also expressed concerns about the constitutionality of the President’s CZMA exemption on the ground that it appeared to amount to an executive revision of a judicial decision and thus violated the principle, recognized in Rayburn’s Case, 2 U.S. (2 Dali.) 408, 1 L.Ed. 436 (1792), that Congress cannot vest review of the decisions of Article III courts in officials of the Executive Branch. However, the court declined to decide the constitutionality of the CZMA exemption because it concluded the preliminary injunction was firmly supported on NEPA grounds. The district court also found that plaintiffs had demonstrated a possibility of irreparable harm and that the balance of hardships tipped in plaintiffs’ favor. Natural Res. Def. Council v. Winter, 527 F.Supp.2d 1216 (2008) (“Feb. 4, 2008 Dist. Ct. Order”). For the reasons stated below, we uphold the district court’s preliminary injunction. I. Procedural History Plaintiffs commenced this action on March 22, 2007. On August 7, 2007, the district court granted in part NRDC’s motion for a preliminary injunction and enjoined the Navy from conducting the then remaining eleven SOCAL exercises. After appealing the district court’s preliminary injunction order, the Navy filed an emergency motion with this court for a stay of the order while its appeal was pending. On August 31, 2007, a divided motions panel granted the Navy’s motion on the grounds that the district court had failed to consider the “public interest” in having a trained and effective Navy and had failed to explain why an unconditional injunction on the SOCAL exercises, rather than an injunction conditioning the conduct of those exercises on the adoption of additional mitigation measures, was appropriate. NRDC v. Winter, 502 F.3d 859 (9th Cir.2007). On November 13, 2007, after hearing oral argument, we filed an order concluding that NRDC had met the necessary burden of proof to demonstrate that some form of preliminary injunctive relief was appropriate. Accordingly, we vacated the stay of the preliminary injunction order effective upon the Navy’s completion of its fifth SOCAL exercise, which was in progress at the time of oral argument. However, we also concluded that an injunction conditioning continuation of the exercises on the Navy’s adoption of narrowly tailored mitigation measures would be more appropriate than a total injunction. Accordingly, we remanded the case for the district court to enter a modified preliminary injunction containing appropriate mitigating measures. NRDC v. Winter, 508 F.3d 885 (9th Cir.2007). On January 3, 2008, the district court, after having received briefing from the parties and having toured the destroyer USS Milius at the naval base in San Diego, California, to improve its understanding of the Navy’s sonar training procedures and the feasibility of the parties’ proposed mitigation measures, issued a new preliminary injunction that allowed the Navy to conduct the remaining SO-CAL exercises provided that it employ certain measures intended to mitigate the impact of the Navy’s use of MFA sonar on the environment. On January 9, 2008, the Navy applied for a stay pending appeal and requested relief from the district court by January 14, 2008. On January 10, 2008, in response to arguments raised in the Navy’s stay application, the district court modified the preliminary injunction by narrowing the mitigation measures contained in the January 3, 2008 order. The Navy filed a notice of appeal the following day. The district court denied the Navy’s stay application on January 14, 2008. On the evening of January 15, 2008, the Navy filed an emergency motion with this court requesting vacatur of the preliminary injunction or, alternatively, a partial stay of the preliminary injunction pending a decision on its appeal by our court. The Navy’s motion was based in part on two developments that occurred on the same day that the motion was filed. First, the President of the United States, pursuant to 16 U.S.C. § 1456(c)(1)(B), exempted from the provisions of the CZMA the Navy’s use of MFA sonar during the SO-CAL exercises, finding that such use of MFA sonar is “essential to national security” and in the “paramount interest of the United States.” Second, the CEQ, finding “emergency circumstances,” purported to approve “alternative arrangements” to accommodate those emergency circumstances, pursuant to 40 C.F.R. § 1506.11. It permitted the Navy to follow the prescribed arrangements to continue its exercises pending completion of the Navy’s EIS. The Navy subsequently adopted the alternative arrangements and determined that it would comply with them. See Decision Memorandum Accepting Alternative Arrangements for the U.S. Navy’s Southern California Operating Area Composite Training Unit Exercises and Joint Task Force Exercises Scheduled To Occur Between Today and January 2009, 73 Fed.Reg. 4189 (Jan. 24, 2008). On January 16, 2008, we remanded the matter to the district court to consider in the first instance the effect, if any, of these developments on its preliminary injunction order. On January 17, 2008, the district court issued a temporary partial stay of its preliminary injunction order pending the court’s consideration of the Navy’s ex parte application to vacate the preliminary injunction. The Navy subsequently conducted its sixth SOCAL exercise. On February 4, 2008, following briefing by the parties and oral argument, the district court denied the Navy’s application to vacate the preliminary injunction and lifted the temporary partial stay. In its published order, the district court held in relevant part that CEQ’s approval of “alternative arrangements” was invalid because there are no “emergency circumstances” within the meaning of 40 C.F.R. § 1506.11. Feb. 4, 2008 Dist. Ct. Order at 1226-1233. Thus, the district court left in place the original preliminary injunction. The Navy filed a notice of appeal two days later. On February 8, 2008, we issued a sua sponte order expediting the appeal of the district court’s order imposing the preliminary injunction. On February 15, 2008, the Navy filed an emergency motion for a partial stay of the preliminary injunction pending our consideration of the appeal on the ground that the injunction would interfere with the Navy’s conduct of two exercises in March, 2008. On February 19, 2008, we denied the Navy’s motion for a partial stay in light of our order expediting the appeal, which set oral argument for Wednesday, February 27, 2008. We now affirm the district court’s order imposing the preliminary injunction. II. Factual Background A. The SOCAL Exercises and the Effect of MFA Sonar on Marine Mammals The scheduled SOCAL exercises consist of seven Composite Training Unit Exercises (“COMPTUEX”), which last three to four weeks each, and seven Joint Tactical Force Exercises (“JTFEX”), which last approximately ten days each. The exercises, which involve the use of multiple surface ships, aircraft and submarines, are part of the “integrated” training phase of the Navy’s Fleet Response Training Plan, in which individual naval units — ships, submarines and aviation squadrons — learn and demonstrate skills as members of a strike group. Declaration of Captain Martin N. May (“May deck”) ¶ 6. In a COMPTUEX exercise a strike group must demonstrate that it is capable of operating in a “complicated threat-based scenario environment that simulates real world situations.” Id. In a JTFEX exercise, which follows the COMPTUEX exercise and typically includes other Department of Defense services and Allied Forces, the focus is on “mission planning and strategy and on the orchestration of integrated maneuvers, communication and coordination.” Id. ¶ 7. Upon completion of the integrated training phase the Fleet Commander is able to certify that a strike group is ready for deployment. Id. According to the Navy, the ability to execute anti-submarine warfare (“ASW”) is critical to a Commander’s certification of a strike group. Id. Improving ASW is the Pacific Fleet’s top “war-fighting” priority because of the proliferation of extremely quiet diesel electric submarines throughout the world. Id. ¶ 11; Dec. 14, 2007 Declaration of Rear Admiral John M. Bird (“Bird. Decl”) ¶ 16. In turn, an important part of ASW is the use of active sonar, a technology which the Navy deems absolutely necessary to detect today’s extremely quiet submarines. The type of active sonar, the use of which NRDC challenges, is mid-frequency active sonar; other categories of active sonar are low-frequency active sonar and high-frequency active sonar. Active sonar involves a vessel or other sonar source emitting a loud noise underwater and then listening for whether the noise comes back to the source, indicating that the noise may have bounced off the hull of a previously undetected submarine. According to the Navy, active sonar has two important advantages over passive sonar, which merely involves listening for noise made by submarines themselves: active sonar gives both the bearing and the distance of the target submarine, while passive sonar gives only the bearing; and active sonar allows the Navy to target submarines that emit sound at levels below those of the surrounding marine environment. Bird deck ¶ 9. Accordingly, the Navy has concluded that in certain environments, including shallow coastal waters where ambient noise levels are high, MFA sonar allows better detection of quiet submarines than passive sonar. May deck ¶¶ 9,14. According to the Navy, personnel using MFA sonar must train with it regularly, under realistic conditions, and in a variety of situations. May deck ¶ 10. The Navy therefore trains with MFA sonar in the ASW exercises that constitute an important component of the SOCAL exercises. The SOCAL exercises are conducted in the Navy’s training ranges off the coast of southern California (“the Southern California Operating Area”). This area is located in biologically diverse waters. At least thirty-seven species of marine mammals are found there, with the most common being various species of dolphin and whale, as well as the California sea lion. Nine of those species are listed as threatened or endangered under the Endangered Species Act (“ESA”), 16 U.S.C. § 1531 et seg.: the blue whale, fin whale, humpback whale, Northern Pacific right whale, sei whale, sperm whale, sea otter, Stellar sea lion, and Guadalupe fur seal. In addition, up to eight species of beaked whale are found in the Southern California Operating Area. A study submitted by NRDC classifies the California coastal waters as a “key area” for beaked whales because over 25% of all beaked whale species are found there. The Navy acknowledges in its EA that MFA sonar may affect both the physiology and behavior of marine mammals. Exposure to “very high” acoustic energy levels may impair the functioning of marine mammals’ visual system, vestibular system and internal organs, and may cause injury to their lungs and intestines. However, the primary physiological effects of MFA sonar are on marine mammals’ auditory system: very high sound levels may rupture the eardrum or damage small bones in the middle ear, but even exposure to lower levels of sound may cause permanent or temporary hearing loss. Several studies suggest that active sonar may also cause a form of decompression sickness (or the “bends”) in marine mammals by inducing growth of gas bubbles in their blood stream or tissues, potentially leading to fatal hemorrhaging, lesions and emboli in the organs. However, the Navy disputes the conclusions of these studies and it has submitted a declaration by an expert on marine mammal auditory systems stating that decompression sickness requires super-saturation of tissue with gas and that such super-saturation has not been shown to occur in marine mammals. See Declaration of Dr. Darlene R. Ketten (“Ketten decl.”) ¶¶ 12-16. The Navy also acknowledges that the use of MFA sonar may overtly disrupt the normal behavior of marine mammals even if it does not affect their physiology. While the Navy acknowledges that active sonar may cause behavioral responses such as attempting to avoid the site of sound exposure, swimming erratically, sluggish behavior, tail slapping, “jaw popping,” and aggressive behavior, those responses were observed in studies using trained animals held in captivity. NOAA concluded in 2006 that studies of marine mammals in the wild “strongly suggest” that the use of sonar at levels lower than those found to produce behavioral effects in the tests of captive animals can result in “profound” behavioral alterations, including changes in feeding, diving, and social behavior. In a February 9, 2007 Biological Opinion concerning the SOCAL exercises, the NMFS found that acoustic exposures can impair marine mammals’ foraging ability and their ability to detect predators or communicate. The NMFS cited studies finding that noise has caused whales to move away from their feeding and mating grounds and migration routes, and to change their calls. As the record demonstrates, substantial evidence suggests that beaked whales are particularly vulnerable to MFA sonar. While it is not settled what causes this vulnerability, it is clear that use of MFA sonar may lead to the stranding of beaked whales. A 2004 Navy-sponsored study concluded that “the evidence of sonar causation is ... completely convincing and that therefore there is a serious issue of how best to avoid/minimize future beaching events.” Likewise, the Standing Working Group on Environmental Concerns of the International Whaling Commission’s Scientific Committee concluded in 2004 that “[t]he weight of accumulated evidence now associates mid-frequency, military sonar with atypical beaked whale mass strandings,” and found that “[t]his evidence is very convincing and appears overwhelming.” A 2006 study cited as possible explanations for the association between MFA sonar and strandings of beaked whales that (1) beaked whales may swim into shallow waters to avoid the sonar sound and strand if they are unable to navigate back to deeper waters, and (2) that behavioral responses to sonar may lead to tissue damage that in turn leads to stranding. The study explains that while a stranding need not be fatal, stranded marine mammals have died from cardiovascular collapse due to hyperthermia or from the stress associated with the stranding. Several mass strandings of marine mammals — mostly, though not exclusively, beaked whales— have been associated with the use of active sonar. Another 2006 study describes a stranding of twelve beaked whales in Greece in 1996, a stranding of seventeen marine mammals (including fourteen beaked whales) in the Bahamas in 2000, and a stranding of fourteen beaked whales in the Canary Islands in 2002, all of which occurred at the same time and place as the naval use of MFA sonar. The study also recounts a stranding of three beaked whales in the Madeira Islands in 2000, which coincided with NATO’s conduct of naval exercises, as well as a stranding of two beaked whales in the Gulf of California, Mexico, in 2002, which coincided with the conduct of seismic surveys involving, among other acoustic sources, a multi-beam, high-frequency sonar. In addition, a 2006 report by the NMFS recounts that 150 to 200 melon-head whales stranded in a Hawaiian bay in 2004, at the same time and place as the Navy’s use of active sonar as part of its biennial Rim of the Pacific (RIMPAC) exercise. Necropsies of the dead whales involved in the Bahamas, Canary Islands and Madeira Islands strandings revealed hemorrhages in and around the ears, in the cranial spaces, and in other parts of the body such as the jaw fat, lungs and kidneys. In a joint report, the Navy and NOAA concluded that the injuries to the whales that stranded in the Bahamas constituted “some sort of acoustic or impulse trauma,” and that the Navy’s use of MFA sonar was the “most plausible” source of that trauma. The International Whaling Commission agreed that the hemorrhages in the inner ears and cranial spaces were consistent with “direct acoustic effects.” According to a biologist on whose declaration NRDC relies, the use of MFA sonar in the Bahamas may also have had a serious effect on the local population of beaked whales. See Declaration of Dr. Hal Whitehead. The biologist cites a study showing that no Cuvier’s beaked whales were sighted for twenty months following the stranding in the Bahamas, despite an increased survey effort. Id. ¶ 8. He also cited studies showing that of the Cuvier’s beaked whales that had been photo-identified over a nine-year period, only a few have been sighted since the stranding in 2000. Id. With respect to the stranding of the melon-head whales in Hawaii, the NMFS issued a report concluding that “[wjhile causation of this stranding event may never be unequivocally determined, we consider the active sonar transmissions ... a plausible, if not likely, contributing factor in what may have been a confluence of events.” Undoubtedly, many training exercises involving the use of active sonar occur around the world without marine mammal strandings being observed or reported. However, a declaration by a NOAA scientist submitted by the Navy acknowledges that it is generally poorly understood in which combinations of physical and biological circumstances such strandings are likely to occur. Declaration of Brandon L. Southall ¶ 19. The declaration also acknowledges that whether marine mammal strandings are observed depends on the extent to which people are looking for them. Id. B. The Navy’s EA and the Predicted Harm to Marine Mammals in the Southern California Waters In February 2007, the Navy issued an Environmental Assessment (“EA”) for the SOCAL exercises pursuant to NEPA. See 40 C.F.R. § 1501.3. The EA set forth the Navy’s estimate of how much harm the use of MFA sonar would inflict on marine mammals, classifying the harm as either “Level A harassment” or “Level B harassment.” Level A harassment is an act that physically injures the marine mammal. Level A harassment refers to an exposure to MFA sonar that “injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild.” Injury is defined as any destruction or loss of any biological tissues, and includes permanent hearing loss. Level B harassment is an act that disrupts the behavior of a marine mammal. Level B harassment refers to an exposure to MFA sonar that “disturbs or is likely to disturb a marine mammal or marine mammal stock by causing disruption of natural behavioral patterns including, but not limited to, migration, surfacing, nursing, feeding, or sheltering to a point where such behaviors are abandoned or significantly altered.” Notably, Level B harassment may also, though it need not, include temporary hearing loss. The behavioral effects that result from Level B harassment may have severe consequences. According to the Biological Opinion of the NMFS, acoustic exposures can result in the death of a marine mammal by impairing its foraging or its ability to detect predators or communicate by increasing stress or by disrupting important physiological events. In its EA, the Navy classified predicted sonar exposures as either Level A harass-ments or Level B harassments based on the sound intensity to which a marine mammal would be exposed. For cetaceans — which include whales and dolphins and which are the focus of NRDC’s challenge to the SOCAL exercises — the Navy applied the following “impact thresholds”: it classified as Level A harassments exposures to sonar levels of 215 decibels (dB) or greater, as Level B harassments including temporary hearing loss exposures to sonar levels between 195 dB and 215 dB, and as Level B harassments not including temporary hearing loss exposures to sonar levels between 173 dB and 195 dB. Significantly, the Navy acknowledged in the EA that it does not know whether the above impact thresholds apply to beaked whales. Recognizing the recent beaked whale strandings and the fact that the exact causes of those strandings are unknown, the Navy concluded that “separate, meaningful impact thresholds cannot be derived specifically for beaked whales.” Put simply, the Navy did not know whether exposure of a beaked whale to an acoustic energy of less than 215 dB might nevertheless cause permanent injury to the whale. Accordingly, the Navy took a “conservative approach” and counted all predicted Level B exposures of beaked whales as non-lethal Level A exposures. Thus, the Navy treated every predicted exposure of a beaked whale to a sonar level of 173 dB or greater as causing physical injury including permanent hearing loss. In its EA, the Navy estimated that over the course of the SOCAL exercises, the use of MFA sonar would result in 564 instances of Level A harassment to marine mammals, 548 of which would be to beaked whales. Specifically, the following species would be subjected to Level A harassments: Cuvier’s beaked whales in 436 instances; Ziphiid beaked whales in 104 instances; common dolphins in 16 instances; and Baird’s beaked whales in 8 instances. The Navy also estimated that the use of MFA sonar would result in 8,160 exposures to Level B harassment with temporary hearing loss and 161,368 exposures to Level B harassment without hearing loss. Eight marine mammal species, including one endangered species, would be exposed to over 1,000 incidents of Level B harassment: 145,444 exposures to common dolphins; 6,460 exposures to Northern Pacific right whale dolphins; 4,292 exposures to Risso’s dolphins; 4,100 exposures to Pacific white-sided dolphins, 3,252 exposures to striped dolphins; 1,830 exposures to pygmy sperm whales (endangered); 1,094 exposures to Pantropical spotted dolphins; and 1,092 exposures to bottlenose dolphins. In light of the harm that marine mammals are expected to suffer as a result of the SOCAL exercises, plaintiffs contend that they and their members living in southern California will be harmed. For example, plaintiff Jean-Miehel Cousteau alleges that as an environmental enthusiast and film-maker his ability to enjoy and educate others about the marine environment in southern California will be impaired if the harmful effects of MFA sonar on marine mammals are not sufficiently mitigated. Other plaintiffs make similar allegations. The Navy stated in the EA that it “assumed” that its methodology for estimating harm overestimated the effects of MFA sonar on marine mammals, citing the lack of observed effects during several past major exercises. However, the EA also maintained that the methodology used was based on the “best available science,” and it provided no indication of the extent to which its methodology overestimated the effects of MFA sonar. In fact, there is at least some evidence that the Navy’s methodology may have underestimated the effects of MFA sonar on marine mammals. NRDC has submitted declarations of several scientists who cite evidence that extraordinary behavior in marine mammals, including stranding by beaked whales, may be caused by acoustic energy levels below the Navy’s bottom impact threshold of 173 dB. See Declaration of Dr. David E. Bain ¶¶ 6-11; Declaration of Dr. Edward C.M. Parsons ¶ 4; Declaration of Dr. Linda Weilgart (“Weilgart deck”) ¶ 9. While NRDC has presented no evidence that marine mammals have actually been harmed by the Navy’s use of MFA sonar in the Southern California Operating Area over the past forty years, the record indicates that because harm to marine mammals is difficult to detect, except in cases of stranding, marine mammals may nonetheless be harmed by the Navy’s use of MFA sonar in the Southern California Operating Area. In the Navy’s January 2007 “after action report” following the completion of the first three SOCAL exercises, the Navy acknowledged that “it is difficult to assess the potential exposure to sonar for species not observed.” Indeed, the “after action reports” for the last eight COMPTUEX and JTFEX exercises in the Southern California Operating Area reveal that in less than 15% of the instances in which marine mammals were observed, MFA sonar was in fact being used. Thus, the Navy’s reports show that relatively few marine mammals have been observed while MFA sonar was being used. Beaked whales are particularly difficult to observe. According to a 2004 Navy-sponsored report, “[t]heir very low broaching profile and the limited time they spend at the surface have conspired to make them resistant to easy surveying.” The report notes that beaked whales are “very deep divers” and spend an estimated 80% of their time at considerable depths. According to the EA, Cuvier’s and Mesoplo-dont beaked whales make dives of up to 87 minutes. An international workshop on beaked whales organized by the U.S. Marine Mammal Commission noted that only 1 in 50 beaked whales would be detected in naval mitigation surveys using shipboard visual observation, even assuming ideal observation conditions. Correspondingly, injuries to beaked whales are also difficult to observe. In a January 2007 memorandum, the NMFS concluded that “injuries or mortalities ... would rarely be documented, due to the remote nature of many [naval activities] and the low probability that an injured or dead beaked whale would strand.” While the parties have presented conflicting declarations on the issue whether whale carcasses resurface for some time after they initially sink, compare Weilgart deck ¶ 7 with Ketten deck ¶ 17, the likelihood that a whale carcass would be detected if it does not strand logically depends on how well the waters are searched for such carcasses. A 2007 study by NMFS researchers suggests that the likelihood of detecting dead beaked whales is low, as it concluded that, given current biological survey efforts, in 90% of beaked whale stocks a decline in population of 50% over a 15-year period would go undetected as a decline at all. Non-fatal injuries not leading to stranding would be even more difficult to detect because no beaked whale carcass would surface. Moreover, it is not clear from the record whether in the past forty years the waters of southern California have been exposed to MFA sonar at the same power level and frequency and for the same duration as they are now. First, the Navy has provided no information about the frequency with which exercises involving the use of MFA sonar were conducted prior to 1992. Second, while the Navy states that “Navy data going back to 1992 shows that the number of yearly exercises in the last 15 years and amount of [MFA sonar] use in SOCAL waters was greater in the past than it is now, showing a slight reduction trend,” Bird deck ¶ 18, that statement is too vague to allow conclusions to be drawn from it. The statement says nothing about the type of exercises or their duration over the years, and it does not make clear whether “in SOCAL waters” refers only to sonar use or also to the number of yearly exercises. Further, the statement does not specify whether “amount of [MFA sonar] use” refers to sonar use in each exercise or to total sonar use in a year, nor does it make clear whether that phrase refers to the number of times sonar was employed or to the aggregate duration of sonar transmission. The Navy produces no data in the record to clarify its statement. Third, while the EA states that an average of seven JTFEX or COMPTUEX exercises are conducted each year, which is consistent with fourteen SOCAL exercises to be conducted over two years, the EA does not state the starting date after which that average has been maintained. Fourth, while the Navy points out that its currently-used SQS-53 sonar system transmits sonar at the same power levels and frequencies as the SQS-26 system that the Navy used in earlier years, it acknowledges that in a new class of destroyers the SQS-53 system has replaced the SQS-56 system. Bird, deck ¶ 18. As the Biological Opinion of the NMFS makes clear, the SQS-56 system transmits MFA sonar at a lower power level and at different frequencies than the SQS-53 system. Thus, the record suggests that with the new class of destroyers the average MFA sonar transmission may have increased in power level and changed in frequency. The Navy does not cite evidence to the contrary. Finally, we can draw no conclusion from the statement in the EA that “output from active sonar systems used in [the Southern California Operating Area] and throughout the Navy has remained largely the same for the past 30 years.” The EA does not explain whether “output” refers to frequency, sound intensity level, amount of time used during an exercise, or amount of time used per year. Even assuming the statement refers to the use of the sonar systems during an exercise or during the year, it is unclear whether it refers to total use in the Southern California Operating Area or rather to total use by the Navy in all its training areas combined. In any event, the Navy’s estimate that its use of MFA sonar in the SOCAL exercises will expose marine mammals to 564 instances of Level A harassment and nearly 170,000 instances of Level B harassment clearly indicates that at least some substantial harm will likely occur in the Southern California Operating Area. C. The Mitigation Measures Employed by the Navy and Those Imposed by the District Court While the Navy adopted a number of mitigation measures intended to reduce the harm caused by the use of MFA sonar in the SOCAL exercises, the district court concluded that those measures were inadequate both to cure the Navy’s likely NEPA violation and to avoid the possibility of irreparable harm to NRDC. Accordingly, following our November 13, 2007 remand order, the district court established additional, narrowly-tailored mitigation measures which the Navy would have to employ during the remaining SOCAL exercises. To place these mitigation measures in context, we explain what mitigation measures the Navy has previously employed and is currently employing in the SOCAL exercises. In June 2006, shortly before the Navy was to conduct that year’s “Rim of the Pacific” exercise off the coast of Hawaii (the “2006 RIMPAC exercise”), plaintiffs sued the Navy and the same co-defendants here, seeking to enjoin the Navy from using MFA sonar in that exercise. Following the district court’s grant of NRDC’s motion for a temporary restraining order, the parties entered into a settlement agreement that allowed the Navy to use MFA sonar in the 2006 RIMPAC exercise but only if it employed certain mitigation measures in addition to those already imposed by the NMFS in its June 27, 2006 Incidental Harassment Authorization and by the Department of Defense in its June 30, 2006 National Defense Exemption (“NDE I”). The mitigation measures the Navy adopted for the 2006 RIMPAC exercise include operating MFA sonar at the lowest practicable level not to exceed 235 dB except for short periods to meet tactical training objectives, and using at least one lookout dedicated to the detection of marine mammals, as well as three non-dedi-eated lookouts, on each ship operating MFA sonar and requiring them to report sightings of marine mammals. The following mitigation measures employed during the 2006 RIMPAC exercise are of particular importance here: • The designation of “safety zones” in which: — the MFA sonar level is reduced by 6 dB if a marine mammal is detected within 1,000 meters of the sonar dome (located in the bow of the vessel); — the MFA sonar level is reduced by 10 dB if a marine mammal is detected within 500 meters of the sonar dome; and — the use of MFA sonar is stopped if a marine mammal is detected within 200 meters of the sonar dome. • In conditions of strong surface ducting — where sonar sound carries over a greater distance than would otherwise be the case — the safety zones will be expanded such that the MFA sonar level is reduced by 6 dB if a marine mammal is detected within 2,000 meters of the sonar dome and by 10 dB if one is detected within 1,000 meters of the dome, and that the use of MFA sonar is stopped if a marine mammal is detected within 500 meters of the sonar dome. • In conditions of low visibility — ie., whenever a safety zone is not fully visible — additional detection measures will be used, such as infrared or enhanced passive acoustic detection. If detection of marine mammals is not possible out to the limits of the safety zone, the sonar level will be reduced as if a marine mammal is present immediately beyond the extent of detection. • With the exception of three specific “choke point” exercises, MFA sonar will not be operated in constricted channels or canyon-like areas or within 25 kilometers of the 200 meter iso-bath. • During the three choke point exercises, additional mitigation measures will be employed, including two hours of pre-exercise monitoring for marine mammals. Following the 2006 RIMPAC exercise, the Navy issued an “after action report” in which it reported that it had used MFA sonar for a total of 472 hours during the 2006 RIMPAC exercise and that the mitigation measures resulted in a loss of 8 hours of MFA sonar use. Dec. 7, 2006 Rim of the Pacific After Action Report at 9. Although no unusual behavior of marine mammals had been observed, the Navy reported that of the estimated 256 marine mammals potentially affected by the 472 hours of MFA sonar use, approximately 100 of them had been precluded from exposure to MFA sonar as a result of the mitigation measures. In October 2006, in anticipation of the SOCAL exercises, the Navy submitted a consistency determination to the CCC, seeking the CCC’s concurrence in the Navy’s determination that the SOCAL exercises were consistent to the maximum extent possible with the enforceable policies of the CCMP, which, for purposes of the CZMA, are contained in the California Coastal Act. See Cal. Pub. Res.Code § 30008. The CCC disagreed with the Navy that the use of MFA sonar in the SOCAL exercises would not affect California’s coastal resources. Accordingly, the CCC conditioned its concurrence in the Navy’s consistency determination on the Navy adopting fourteen mitigation measures, several of which the Navy had already employed in the 2006 RIMPAC exercise. The Navy agreed to adopt only four of the CCC’s measures — all but one of which do not actually prevent the use of MFA sonar from harming marine mammals — and it refused to adopt the remaining ten measures: • The measures used in the 2006 RIM-PAC exercise for reducing sonar levels during conditions of low visibility; • The measures used in the 2006 RIM-PAC exercise in “choke points;” • Increasing the outer safety zone to 2 kilometers even in conditions not involving strong surface ducting; • Reducing sonar level by 6 dB during strong surface ducting conditions; • Using two marine mammal observers who have received NOAA-approved training for surveillance during use of MFA sonar; • Requiring aerial monitoring off San Clemente Island throughout exercises involving MFA sonar; • Monitoring for marine mammals for 30 minutes prior to commencing use of MFA sonar; • Avoiding training in areas with known high concentrations of marine mammals; and • Locating and scheduling training outside the migration season for the grey whale. In January 2007, the Deputy Secretary of Defense issued, pursuant to 17 U.S.C. § 1371(f), a second National Defense Exemption (“NDE II”), which exempted from the requirements of the MMPA all the Navy’s military readiness activities employing MFA sonar for the duration of the SOCAL exercises. The Deputy Secretary of Defense conditioned the exemption on the Navy adopting a number of mitigation measures, which already had been standard operating procedure in the Navy’s ASW exercises since 2004. As the EA makes clear, it is those mitigation measures, and only those measures, which the Navy adopted for the SOCAL exercises. While the Navy describes the adopted mitigation measures as consisting of 29 separate measures, the district court found that, in effect, they consist of only four basic measures: “(1) personnel training (providing approved Marine Species Awareness Training materials for lookouts and commanding officers), (2) on-deck lookouts, armed with binoculars or night vision goggles, to watch for marine mammals, (3) operating procedures to ensure that any sightings of marine mammals are communicated up the chain of command, so that MFA sonar is powered down [ (ie., sonar power is reduced)] when a marine mammal approaches within 1,000 yards, 500 yards, and ‘secured’ (shut-down) at 200 yards, and (4) coordination and reporting procedures.” Feb. 4, 2008 Dist. Ct. Order at 1223 n. 7. Our review of the EA reveals at most two additional basic measures: that passive sonar will be used to detect marine mammals and that Navy aircraft participating in exercises will conduct surveillance when doing so does not interfere with safety or the “accomplishment of primary operational duties.” Notably, the measures adopted by the Navy do not include the ten aforementioned mitigation measures recommended by the CCC, such as increasing the outer safety zone to 2 kilometers, monitoring for marine mammals at least 30 minutes before commencing MFA sonar use, and conducting the SOCAL exercises outside the grey whale’s migratory season and outside areas with high concentrations of marine mammals. Moreover, the adopted measures do not include the 2006 RIMPAC measures requiring that MFA sonar not be used in constricted channels and canyon-like areas or within 25 kilometers of the 200 meter isobath. Nor do they include the requirement, imposed by NDE I for non-RIM-PAC exercises in 2006, that MFA sonar not be used within 12 nautical miles from the coastline. Following our November 13, 2007 remand order, the district court set out to determine what narrowly-tailored mitigation measures should be imposed for the remaining SOCAL exercises. In the words of the district court, NRDC proposed “sweeping geographic exclusions” to the Navy’s use of MFA sonar, including a 25 nautical mile coastal exclusion, locating exercises to the maximum extent possible in waters deeper than 1,500 meters, and an exclusion in the Catalina Basin, the West-fall seamount, and the Cortez and Tanner Banks. Jan. 3, 2008 Dist. Ct. Order at 13 n. 6. The Navy also proposed several mitigation measures. See id. After reviewing the parties’ briefs and taking a Navy-guided tour of the USS Milius, the district court imposed six mitigation measures in addition to those already required by NDE II: (1) the Navy shall suspend use of MFA sonar when a marine mammal is detected within 2,200 yards from the sonar source, except where the marine mammal is a dolphin or a porpoise and it appears that the mammal is intentionally following the sonar-emitting naval vessel in order to play in or ride the vessel’s bow wave; (2) the Navy shall reduce the MFA sonar level by 6 dB when significant surface ducting conditions are detected; (3) the Navy shall not use MFA sonar within 12 nautical miles from the California coastline; (4) the Navy shall monitor, including by aircraft, for the presence of marine mammals for 60 minutes before employing MFA sonar, shall utilize two dedicated, NOAA — and NMFS-trained lookouts at all times when MFA sonar is being used, shall employ passive acoustic monitoring to supplement visual detection of the presence of marine mammals, and shall use aircraft participating in the training exercises to monitor for marine mammals for the duration of the exercises when MFA sonar is being used; (5) Navy helicopters shall monitor for marine mammals for 10 minutes before employing active dipping sonar; and (6) the Navy shall refrain from using MFA sonar in the Catalina Basin between the Santa Catalina and San Clemente Islands because ingress and egress to the basin are restricted and the basin has a high density of marine mammals. See Jan. 10, 2008 Dist. Ct. Order at 1-5. The district court rejected many of the geographic exclusions proposed by NRDC in favor of a 2,200-yard safety zone, accepted the Navy’s representations that the bathymetry off the shores of southern California presents unique training opportunities, see Feb. 4, 2008 Dist. Ct. Order at 7, and declined to limit the use of sonar at night or in conditions of low visibility despite the Navy’s voluntarily adoption of such limitations for the 2006 RIMPAC exercise, see Jan. 3, 2008 Dist. Ct. Order at 7-8. The Navy takes issue only with the first two of the mitigation measures imposed by the district court, namely the 2,200 yard “shutdown zone” and the “power-down” requirement during significant surface ducting conditions. Specifically, the Navy argues that those two mitigation measures tip the balance of hardships in its favor and are contrary to the public interest. In support of its argument the Navy has submitted declarations by high-ranking officers attesting to the adverse consequences that those measures will have on the Navy’s military readiness. For example, Vice Admiral Locklear, Commander of the U.S. Third Fleet, opines that “imposing a 2200-yard shutdown zone will have crippling implications on Navy’s ability to conduct realistic pre-deployment ASW training employing MFA sonar” and will “jeopardize the training and readiness of U.S. THIRD Fleet [strike groups].” Declaration of Vice Admiral Samuel J. Lock-lear. ¶¶ 9, 13. Likewise, Rear Admiral Bird opines that “[t]raining in surface ducting conditions is critical to effective training.” Bird decl. ¶ 52. In their classified declarations, Admiral Gary Roughead and Rear Admiral Ted N. Branch opine that both the 2200-yard shutdown zone and the power-down requirement in significant surface ducting conditions will create an unacceptable risk with respect to the Navy’s ability to certify its strike groups as combat ready and will thus profoundly affect national security. III. Standards of Review Our review of a district court’s grant of a preliminary injunction is “very deferential.” Nat’l Wildlife Fed’n v. Nat’l Marine Fisheries Serv., 422 F.3d 782, 794 (9th Cir.2005). We do not reverse the district court unless it “reliefs] on an erroneous legal premise or abuse[s] its discretion.” Sports Form, Inc. v. United Press Int’l, Inc., 686 F.2d 750, 752 (9th Cir.1982) (internal citations omitted). A court abuses its discretion if it bases its decision on an erroneous legal standard or clearly erroneous findings of fact. Earth Island Inst. v. U.S. Forest Serv., 442 F.3d 1147, 1156 (9th Cir.2006) (“Earth Island II ”). A district court may grant a preliminary injunction if one of two sets of criteria are met. “Under the ‘traditional’ criteria, a plaintiff must show (1) a strong likelihood of success on the merits, (2) the possibility of irreparable injury to plaintiff if preliminary relief is not granted, (3) a balance of hardships favoring the plaintiff, and (4) advancement of the public interest (in certain cases). Alternatively, a court may grant the injunction if the plaintiff demonstrates either a combination of probable success on the merits and the possibility of irreparable injury or that serious questions are raised and the balance of hardships tips sharply in his favor.” Freecycle Network, Inc. v. Oey, 505 F.3d 898, 902 (9th Cir.2007); see also Earth Island II, 442 F.3d at 1158. IV. Discussion A. Likelihood of Success on the Merits 1. Effect of CEQ’s Alternative Arrangements for NEPA Compliance On January 15, 2008 CEQ purported to approve “alternative arrangements” for the Navy to continue its use of MFA sonar while complying with NEPA, reasoning that “emergency circumstances” prevented normal compliance. CEQ’s authority to grant such relief derives from 40 C.F.R. § 1506.11, which provides in full: Where emergency circumstances make it necessary to take an action with significant environmental impact without observing the provisions of these regulations, the Federal agency taking the action should consult with the Council about alternative arrangements. Agencies and the Council will limit such arrangements to actions necessary to control the immediate impacts of the emergency. Other actions remain subject to NEPA review. 40 C.F.R. § 1506.11. CEQ’s letter of explanation to the Navy stated that the district court’s modified injunction “imposes training restrictions ... that continue to create a significant and unreasonable risk that Strike Groups will not be able to train and be certified as fully mission capable.” CEQ Letter to Donald C. Winter at 3. CEQ also stated that “the inability to train effectively with MFA sonar puts the lives of thousands of Americans directly at risk.... Therefore, there are urgent national security reasons for providing alternative arrangements under the CEQ regulations.” Id. at 3-4. The Navy then petitioned this court to vacate the district court’s preliminary injunction, arguing that CEQ’s approval of “alternative arrangements” deprived NRDC of the “likelihood of success on the merits” of its NEPA claims, thus eliminating the legal basis for the injunction. We remanded to the district court to allow it to consider in the first instance whether this legal development merited vacatur or a partial stay of the injunction. On remand, the Navy maintained that the CEQ’s “emergency circumstances” determination relieved it of the requirement to prepare an EIS prior to commencing the remaining SOCAL exercises. NRDC argued that CEQ’s action was beyond the scope of the regulation and otherwise invalid, and that the preliminary injunction should remain in place. The district court considered these arguments and concluded that its preliminary injunction was “not affected by [CEQ’s] approval of emergency alternative arrangements because there is no emergency.” Feb. 4, 2008 Dist. Ct. Order at 1219-1220. Accordingly, it held that “CEQ’s action is beyond the scope of the regulation and is invalid[ ]” and that “[t]he Navy is not, therefore exempted from compliance” with NEPA and the preliminary injunction. Id. The district court found that CEQ’s interpretation of “emergency circumstances” to include a court order entered in the course of pending litigation was not authorized by 40 C.F.R. § 1506.11, because it was contrary to both the plain meaning of “emergency circumstances” and the drafters’ original intent. It also found that CEQ’s action was contrary to the governing statute, NEPA. The Navy makes two basic arguments as to why the district court erred by failing to vacate the preliminary injunction in light of CEQ’s approval of “alternative arrangements.” First, the Navy argues that the district court lacked subject matter jurisdiction to review CEQ’s approval of alternative arrangements because such approval constitutes a superseding agency action that removes as moot any basis for an injunction predicated on plaintiffs’ original claims concerning the Navy’s EA. Second, the Navy argues that, even if the district court could review CEQ’s action, the court erred by not deferring to CEQ’s and the Navy’s assessment that “emergency circumstances” exist within the meaning of 40 C.F.R. § 1506.11. We address the Navy’s arguments in turn. a. Subject Matter Jurisdiction over NRDC’s Challenge to CEQ’s Action The Navy argues that the district court lacked subject matter jurisdiction to consider the validity of CEQ’s action because that action allegedly moots the plaintiffs’ original claims. Specifically, the Navy contends that the adoption of CEQ’s “alternative arrangements” in a superseding Decision Memorandum constitutes a new administrative action, which can only be challenged by a new claim on the merits. See Rattlesnake Coalition v. EPA, 509 F.3d 1095, 1103-04 (holding that the district court lacked subject matter jurisdiction over new final agency action). The district court implicitly rejected this argument by continuing to exercise jurisdiction over the plaintiffs’ NEPA claim. Its decision to do so is firmly grounded in the familiar principle that only a valid subsequent action can render a legal claim moot. See Adarand Constructors, Inc. v. Slater, 528 U.S. 216, 222-23, 120 S.Ct. 722, 145 L.Ed.2d 650 (2000); United States v. Larson, 302 F.3d 1016, 1020 (9th Cir.2002) (“The stipulation moots [plaintiffs] challenge to the suppression ruling only if it is valid.”). Accordingly, the district court did not rely on an erroneous legal premise or abuse its discretion in concluding that it had jurisdiction to assess the validity of the new action in order to determine whether plaintiffs’ original claims could survive. See Adarand, 528 U.S. at 222-23, 120 S.Ct. 722. Nor did the district court abuse its discretion by leaving in place the preliminary injunction after determining that CEQ’s action did not require its vacatur. The Navy’s contention that the district court issued “an entirely new injunction ... based on new, ancillary claims” mischaracterizes the posture of this case. The Navy challenged the injunction based on CEQ’s action; NRDC argued only that CEQ’s action did not change the merits of its NEPA claims. Thus, the district court here did not “[g]rant[] a preliminary injunction based on a showing that the plaintiffs were likely to succeed in establishing a violation of an ancillary court order, rather than a showing that they were likely to succeed on the merits of any of their claims.” Alabama v. U.S. Army Corps of Engineers, 424 F.3d 1117, 1135 (11th Cir.2005). b. The District Court’s Assessment of Whether “Emergency Circumstances” Existed (1) Deference The district court concluded that CEQ’s interpretation of 40 C.F.R. § 1506.11 is not entitled to deference. It reasoned that under the Administrative Procedure Act (“APA”), 5 U.S.C. § 551 et seq., the courts traditionally afford deference to (1) an agency’s reasonable interpretation of a statute it administers “if the statute is silent or ambiguous with respect to the specific issue ...,” citing Chevron, U.S.A., Inc. v. NRDC, 467 U.S. 837, 843, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984), and (2) an agency’s interpretation of its own regulations unless “an alternative reading is compelled by the regulation’s plain language or by other indications of the [agency’s] intent at the time of the regulation’s promulgation,” citing Thomas Jefferson Univ. v. Shalala, 512 U.S. 504, 512, 114 S.Ct. 2381, 129 L.Ed.2d 405 (1994), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414, 65 S.Ct. 1215, 89 L.Ed. 1700 (1945). See Feb. 4, 2008 Dist. Ct. Order at 1226-1227. NRDC challenged neither the propriety of CEQ’s original promulgation of 40 C.F.R. § 1506.11 nor the fact that § 1506.11 allows alternative arrangements for compliance with NEPA under genuine emergency circumstances. Instead, NRDC limited its challenge to CEQ’s application of the regulation to the facts of this case. Accordingly, the district court considered whether the term “emergency circumstances” could be afforded so broad an interpretation as to encompass the Navy’s need to continue its long-planned, routine sonar training exercises without the mitigation measures imposed by the district court. The district court concluded that the plain language of the regulation and the limited indicia of the agency’s original intent compelled a narrower interpretation of “emergency circumstances” than the one afforded it by CEQ. Accordingly, the district court concluded that it did not owe deference to CEQ’s interpretation of § 1506.11 under Thomas Jefferson and Seminole Rock. We review that conclusion to determine whether in so doing it relied on an erroneous legal premise or abused its discretion; we conclude that it did neither. The district court followed established Supreme Court precedent in finding that an agency’s interpretation of its own regulation is not entitled to deference when it is inconsistent with the regulation itself, conflicts with agency intent at the time of promulgation, and reaches beyond “the limits imposed by the statute,” NEPA. See Auer v. Robbins, 519 U.S. 452, 461-63, 117 S.Ct. 905, 137 L.Ed.2d 79 (1997). Next, the district court, after concluding that the meaning of “emergency circumstances” was clear, applied the appropriate legal principles that an agency’s interpretation of its own regulation is entitled to deference “only when the language of the regulation is ambiguous.” See Christensen v. Harris County, 529 U.S. 576, 588, 120 S.Ct. 1655, 146 L.Ed.2d 621 (2000). Accordingly, the district court did not abuse its discretion when it determined not to give deference to CEQ’s overly broad interpretation of “emergency circumstances.” (2) Plain Meaning and Intent of CEQ Regulation In finding that no emergency circumstances existed, the district court reasoned that the “Navy’s current ‘emergency’ is simply a creature of its own making, ie., its failure to prepare adequate environmental documentation in a timely fashion, via the traditional EIS process or otherwise.” Feb. 4, 2008 Dist. Ct. Order at 1228. In short, it was not a sudden unanticipated event. The district court supported its conclusion by noting that the CEQ letter does not specify an “emergency” other than the district court’s mitigation order itself, which, in CEQ’s view, creates a “significant and unreasonable risk” that strike groups will not be able to train and be certified as fully mission capable. Id. at 1228-1229. On appeal, the Navy argues that “no matter its genesis[,] ... the inability to certify its west coast-based strike groups for deployment to hostile areas overseas during a time of war” is a pressing national emergency. The Navy cites to declarations, including one of the Chief of Naval Operations, that attests to the national security impacts of such a failure at a time when the United States is currently engaged in war in two countries. The Navy contends that the district court’s view that the term “emergency circumstances” as used in the regulation per se excludes the circumstances presented here is an impermissible substitution of its judgment for that of multiple federal agencies (citing Ass’n of Pac. Fisheries v. EPA, 615 F.2d 794, 810-11 (9th Cir.1980)). We reject this argument and hold, for the reasons explained above, that the district court did not abuse its discretion in determining that the plain meaning of “emergency circumstances” precludes an interpretation so broad as to encompass the Navy’s need to continue long-planned, routine training exercises without mitigation measures ordered by the court. There is ample support for the manner in which the district court exercised its discretion. The district court properly relied on dictionary definitions of “emergency” and “emergency circumstances” to support its conclusion that CEQ’s interpretation is not entitled to deference. See Watson v. United States, — U.S. —, 128 S.Ct. 579, 583, 169 L.Ed.2d 472 (2007) (noting that terms are construed consistently with their everyday meaning, including by reference to the dictionary absent statutory definition or definitive clue). As the district court observed, the Oxford English Online Dictionary defines “emergency” as “[t]he arising, sudden or unexpected occurrence (of a state of things, an event, etc.).” Oxford English Online Dictionary, available at http://dictionary.oed.com. Black’s Law Dictionary defines the term “emergency circumstances,” through a cross-reference to “exigent circumstances,” as “[a] situation that demands unusual or immediate action and that may allow people to circumvent usual procedures, as when a neighbor breaks through a window of a burning house to save someone inside.” Blacks Law Dictionary 260, 562 (8th ed.2004) (emphasis added). The district court did not abuse its discretion in concluding that the circumstances in the present case fall outside the scope of these definitions because its preliminary injunction was entirely predictable given the parties’ litigation history. Feb. 4, 2008 Dist. Ct. Order at 1227. The Navy urges that the risk to national security created by the preliminary injunction falls squarely within the legal definition of “emergency circumstances.” However, the Navy has been on notice of its possible legal obligations to prepare an EIS for the SOCAL exercises from the moment it first planned those exercises. In addition, NRDC filed its complaint almost a year ago, and on August 7, 2007, the district court held that the Navy was likely to lose on the merits of NRDC’s claims. We affirmed that ruling in November of 2007. Still, the Navy waited until January 10, 2008, to raise a cry of “emergency” and request the NEPA and CZMA waivers it relies on here, in order to continue its routine, planned training exercises. We find no abuse of discretion in the district court’s determination that such a series of events gives rise to a predictable outcome, not an unforeseeable one demanding “unusual or immediate action.” Moreover, the district court’s conclusion finds support in CEQ’s recent response to Hurricane Katrina. In March 2006, CEQ approved alternative arrangements to allow the Federal Emergency Management Agency to respond on an emergency basis to “[djamages to the critical physical infrastructure in the New Orleans Metropolitan Area from the impact of Hu