Puget Sound orcas remain an endangered species (judge: farms, developers not hurt by listing)

[Barrett808]

Puget Sound orcas remain an endangered species
Challengers failed to establish their standing to sue, judge rules
By LISA STIFFLER AND ROBERT McCLURE
P-I REPORTERS

A legal challenge that sought to strip local orcas of their endangered status was tossed out Wednesday by a U.S. District Court judge in Seattle.

"It's great news," said Kathy Fletcher, executive director of People for Puget Sound, an environmental group. "We're back where we thought we were when we got the listing."

In his ruling, Judge Thomas Zilly stated that the building and farming groups that brought the suit had not proved that they would be harmed by the protection of the orcas under the Endangered Species Act.

"Remarkably, plaintiffs have totally failed to provide any evidence of standing," Zilly stated.

The case was dismissed with prejudice, meaning the groups can't bring it back to court.

(more)

http://seattlepi.nwsource.com/local/296658_orcas21.html

Industry Attempt to Strip Orca Protections Tossed by Federal Court

Seattle, WA -- A federal court threw out a challenge to federal Endangered Species Act protections given to Puget Sound Southern Resident Orcas. The case was brought by the Building Industry Association of Washington and the Washington Farm Bureau. The court ruled the challengers didn't prove they'd be harmed by such protections, and therefore had no standing to bring the case.

A number of conservation organizations, represented by Earthjustice, intervened in the lawsuit to make sure the orca protections stayed in place. These same conservation groups successfully sued the federal government to win the protections.

"With the Endangered Species Act tools in place, the orcas have hope that the causes of their decline can be addressed and they will continue to share these inland waters with the people in this region," said Steve Mashuda of Earth justice's Seattle office. Patti Goldman of Earthjustice represented the groups in the case.

...

"This week saw the extinction of the Yangtze River Dolphin, the first cetacean species to be driven extinct by humans," said Brendan Cummings of the Center for Biological Diversity. "But in the United States extinction is not acceptable, and the protections of the Endangered Species Act can prevent Puget Sound's orcas from facing this same fate."

(more)

http://www.earthjustice.org/news/press/006/industry-attempt-to-strip-orca-protections-tossed-by-federal-court.html

Judge: Farms Not Hurt by Whale Rules
SEATTLE (AP) - A federal judge on Wednesday dismissed a lawsuit filed by building and farm groups that challenged the decision to make Puget Sound's resident killer whale population an endangered species.

In the decision, U.S. District Judge Thomas S. Zilly said the Building Industry Association of Washington and the Washington Farm Bureau couldn't prove they would be harmed. The lawsuit cannot be refiled, he said.

"We're surprised," said lawyer Russell C. Brooks with the Pacific Legal Foundation, which represented the plaintiffs.

The National Marine Fisheries Service said last year that the whales deserved protection. The lawsuit claimed the move would result in needless water and land use restrictions for farms, and would open them to fines or jail time for "the most basic farm practices."

(more)

http://news.moneycentral.msn.com/provider/providerarticle.aspx?feed=AP&Date=20061221&ID=6297128

[The Stranger]

1. Some good news. I'll take it.

More please.