Wednesday, December 20, 2006

Suit Challenging Puget Sound Orca ESA Listing Dismissed for Lack of Standing

AP Wire - Washington | kgw.com By PEGGY ANDERSEN
"A federal judge on Wednesday dismissed a lawsuit in which building and farm groups had challenged the federal listing of Puget Sound's resident killer whale population as an endangered species. U.S. District Judge Thomas S. Zilly dismissed the lawsuit, filed by the Building Industry Association of Washington and the Washington Farm Bureau, with prejudice, meaning it cannot be refiled. The BIAW and the farm bureau failed to prove they had standing in the case — that is, they failed to prove 'perceptible harm' from the listing, Zilly wrote. "