A Whale of a Lawsuit

Photo Credit: NOAA

The U.S. Court of Appeals for the Ninth Circuit ruled that cetaceans (whales, porpoises, and dolphins) lack standing to bring suit under the Endangered Species Act, the Marine Mammal Protection Act, the National Environmental Protection Act, and the Administrative Procedure Act. An attorney (who appointed himself counsel for these plaintiffs) sought to challenge the U.S. Navy’s use of Surveillance Towed Array Sensor System Low Frequency Active Sonar during wartime or heightened threat conditions. The attorney must now find a method for collecting his fees. Cetacean Community v. Bush, No. 03-15866 (9th Cir. - HK Law).