Summary
In 2004, the Cetacean Community (Cetaceans), the name given to the world’s whales, dolphins and porpoises by their self-appointed attorney, filed suit against President George Bush and the Secretary of Defense, Donald Rumsfeld, for allowing the Navy’s use of SURTASS LFA sonar. The Cetaceans contend that the Navy’s use of the sonar harms them by causing tissue damage and other serious injuries, and by disrupting biologically important behaviors, including feeding and mating. The court was asked to decide whether the world’s Cetaceans have standing to bring suit in their own name under the Endangered Species Act.
The court found that the Cetaceans lacked standing to sue under any of the statutory laws in question – the Endangered Species Act, the MMPA, NEPA, or the APA – because “[i]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.”
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/cetacean-community-v-bush/.
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