CETACEAN COMMUNITY v. BUSH

No. 03-15866.

386 F.3d 1169 (2004)

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.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2004.


Attorney(s) appearing for the Case

Lanny Sinkin (argued), Hilo, Hawaii, for the appellant.

Ann D. Navaro, Kristen L. Gustafson, Kathryn E. Kovacs (argued), United States Department of Justice, Environmental and Natural Resources Division, Washington, D.C., for the appellees.

Before: HUG, ALARCÓN, and W. FLETCHER, Circuit Judges.


WILLIAM A. FLETCHER, Circuit Judge:

We are asked to decide whether the world's cetaceans have standing to bring suit in their own name under the Endangered Species Act, the Marine Mammal Protection Act, the National Environmental Protection Act, and the Administrative Procedure Act. We hold that cetaceans do not have standing under these statutes.

I. Background

The sole plaintiff in this case is the Cetacean Community ("Cetaceans"). The Cetacean...

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