Lori Marino, et al.; Whale and Dolphin Conservation v. National Oceanic and Atmospheric Administration, et al.


The D.C. Circuit has upheld [pdf attached: DC Circuit Ruling] a lower court’s ruling that animal advocates failed to establish standing in a suit seeking access to medical records of three orca whales who died in SeaWorld captivity. Whale and Dolphin Conservation and Lori Marino et al had sued the National Oceanic and Atmospheric Administration seeking the records, but the National Marine Fisheries Service claimed that the 1994 amendments to the Marine Mammal Protection Act shifted authority to regulate post-capture marine animals to the Animal and Plant Health Inspection Service.

[To accompany Federal Case Law Update "DC Circuit Rules NOAA Does Not Have to Release Data for SeaWorld Orca Deaths" from Brooks Animal Law Digest Issue No. 139]