Shelby Proie, et al. v. National Marine Fisheries Service, Civ. No. 2:11-cv-01923 (W.D. WA 2011)
Case Summary: This case challenges the National Marine Fisheries Service’s decision to exclude captive members of the species when it listed the Southern Resident Killer Whales (orcas) as endangered under the Endangered Species Act. Although this exclusion means that the captive members are afforded absolutely no protection under the statute, the agency gave no reasons for its decision. The action was specifically brought in an effort to help an orca named Lolita who was captured from the wild decades ago and spends her time in a substandard tank at a for-profit aquarium in Miami, Florida – if she were covered by the listing rule, she could no longer be kept in conditions that “harm” and “harass” her within the meaning of the ESA.
Plaintiffs: In addition to several individuals, the case was brought on behalf of the Animal Legal Defense Fund and People for the Ethical Treatment of Animals.
Court: The U.S. District Court for the Western District of Washington State
Status: Complaint filed 11/17/2011