you see? they TRIED legal options.

[intertribal]

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. No. 03-15866. Argued and Submitted Feb. 12, 2004. Filed Oct. 20, 2004.

Background: Suit was brought against government in name of cetacean community of whales, dolphins, and porpoises, alleging that proposed deployment by Navy of low frequency active sonar (LFAS) in time of heightened threat violated various environmental statutes. Government moved to dismiss. The United States District Court for the District of Hawaii, David A. Ezra, Chief District Judge, 249 F.Supp.2d 1206, granted government's motion to dismiss. Plaintiff appealed.

Holdings: The Court of Appeals, Fletcher, Circuit Judge, held that:
(1) animals lacked standing to sue under Endangered Species Act (ESA), and
(2) animals lacked standing to sue under Administrative Procedure Act (APA), for alleged violations of Marine Mammal Protection Act (MMPA) and the National Environmental Policy Act (NEPA).