Cetacean Community v. Bush
United States Court of Appeals for the Ninth Circuit
386 F.3d 1169 (2004)

- Written by Sean Carroll, JD
Facts
The United States Navy (the government) (defendant) used low-frequency sonar during wartimes and raised-threat situations. The Cetacean Community (the community) (plaintiff) comprised all the world’s whales, porpoises, and dolphins. The name was coined by the community’s self-appointed attorney. The community sued the government, claiming that the use of sonar violated the Endangered Species Act (ESA) by harming the community. The government filed a motion to dismiss. The ESA granted “any person” the right to sue under the statute. Included in the ESA’s definition of “person” were individuals, corporations, governments, and other entities within the jurisdiction of the United States. The definition did not include animals. Similarly, the Administrative Procedure Act (APA) conferred standing on persons and did not include animals within that definition. The district court granted the motion to dismiss on the ground that the community did not have standing under either the ESA or the APA. The community appealed.
Rule of Law
Issue
Holding and Reasoning (Fletcher, J.)
What to do next…
Here's why 816,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.