Court Ruling Moves Orcas Closer To Protection From Oil Tankers

Judge finds Coast Guard’s effort to dismiss the case “misunderstands the nature of the violation and the underlying intent of the ESA”

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2018-01-18

Endangered Southern Resident Killer Whales (SRKWs) are one step closer to protection from oil tankers and other shipping traffic in the Salish Sea, thanks to a decision late Wednesday in U.S. District Court in Seattle.

The ruling involves a case filed in April 2017 by Earthjustice, on behalf of the Tulalip Tribes and the Suquamish Tribe. The Tribes sued the U.S. Coast Guard, charging that the agency did not comply with the Endangered Species Act when it adopted its traffic separation schemes governing the shipping lanes for marine vessels in Salish Sea waters—putting the remaining members of three SRKW pods in greater danger of injury or death.

The Coast Guard had asked the Court to dismiss the case on a technicality. On Wednesday, the Court denied that request, allowing the lawsuit to move forward. In the opinion, U.S. District Judge Marsha J. Pechman noted that “the Coast Guard does not deny that they violated the ESA” and found that the agency’s effort to dismiss the case “misunderstands the nature of the violation and the underlying intent of the ESA.”

Source: Earthjustice

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