Aces High Bulletin Board

General Forums => The O' Club => Topic started by: Samiam on March 18, 2005, 04:11:26 PM

Title: One less thing for Bush to worry about
Post by: Samiam on March 18, 2005, 04:11:26 PM

Now that this (http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8D838D1B772C88DA88256F32007C8AEE/$file/0315866.pdf?openelement)  (link to PDF document) is settled.

Highlights:

Quote

THE CETACEAN COMMUNITY,
                       Plaintiff-Appellant
                   v.
GEORGE W. BUSH, President of the
United States of America; DONALD
H. RUMSFELD, United States of America Secretary of Defense,
                      Defendants-Appellees.

Quote

Background
The sole plaintiff in this case is the Cetacean Community
(“Cetaceans”). The Cetacean Community is the name chosen
by the Cetaceans’ self-appointed attorney for all of the
world’s whales, porpoises, and dolphins. The Cetaceans challenge
the United States Navy’s use of Surveillance Towed
Array Sensor System Low Frequency Active Sonar
(“SURTASS LFAS”) during wartime or heightened threat
conditions. The Cetaceans allege that the Navy has violated,
or will violate, the Endangered Species Act (“ESA”), 16
U.S.C. §§ 1531-1544, the Marine Mammal Protection Act
(“MMPA”), 16 U.S.C. §§ 1371-1421h, and the National Environmental
Policy Act (“NEPA”), 16 U.S.C. §§ 4321-4347.

Quote

Conclusion
We agree with the district court in Citizens to End Animal
Suffering & Exploitation, Inc., that “f Congress and the
President intended to take the extraordinary step of authorizing
animals as well as people and legal entities to sue, they
could, and should, have said so plainly.” 836 F. Supp. at 49.
In the absence of any such statement in the ESA, the MMPA,
or NEPA, or the APA, we conclude that the Cetaceans do not
have statutory standing to sue.

Title: One less thing for Bush to worry about
Post by: T0J0 on March 18, 2005, 08:03:09 PM

Troll