Posted on 10/21/2004 6:04:10 PM PDT by wagglebee
The world's whales, porpoises and dolphins have no standing to sue President George W Bush over the US Navy's use of sonar equipment that harms marine mammals, a federal appeals court has ruled.
The ruling was made by a three-judge panel of the US 9th Circuit Court of Appeals in San Francisco, widely considered one of the most liberal and activist in the country.
It said it saw no reason why animals should not be allowed to sue but said they had not been granted that right.
"If Congress and the President intended to take the extraordinary step of authorising animals as well as people and legal entities to sue they could and should have said so plainly," Judge William A Fletcher wrote in an 18-page opinion for the panel.
The lawsuit was brought against Mr Bush and Defence Secretary Donald Rumsfeld on behalf the Cetacean Community - defined as the world's whales, porpoises and dolphins - by their self-appointed lawyer, marine mammal activist Lanny Sinkin.
Mr Sinkin claimed in the lawsuit that the US Navy had violated the Endangered Species Act with its use of long-range, low-frequency sonar that can cause tissue damage and other injuries to marine mammals.
Mr Sinkin could not be reached for comment on the 9th Circuit's decision, which upheld a lower court ruling.
What about anteaters
Flipper and Shamu plan to appeal.
9th circus should have NEVER even considered it!
TOTAL WASTE of $$$$$
"It said it saw no reason why animals should not be allowed to sue but said they had not been granted that right."
It isn't a firm line.
I can't decide whether these people need to be shut up in a mental institution or prosecuted.
If they tried to pass that, maybe Conservatives could claim aborted babies deserve the right to sue....
Geese consulted for the story indicated that they were
extremely dismayed, as they had already invested their
entire nest egg on lawyers preparing complaints against
John Kerry, who is having geese killed indiscriminately
for political purposes.
Their attorney, Mark Geragos, promises a vigorous campaign to see to it that Flipper and Shamu have their day in court.
Flipper is going to sue Kerry also for copyright infringement
Flipper is going to sue Kerry also for copyright infringement
I think the whales should be allowed to sue when Lanny Sinkem can get an adult sperm whale in the witness box at the San Francisco court house.
I'm surprised PETA isn't appealing the decision. I'm sure they believe that the fish have the right to sue, just like people do. Some Libby lawyer will try to take this further.
Unless he finds bigger fish to fry!
"Authorizing" my arse. The gov. does NOT authorize me, or anyone else, with rights. I, as a human, am endowed by my Creator with certain unalienable rights. Among them, the right to a redress of grievances.
This farce should have been stopped at the courthouse steps.
It's a good thing the case didn't make it to trial, I hear the dolphins didn't have a leg to stand on.
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