The Cetacean Community v. George W. Bush, President of the United States of America Donald H. Rumsfeld, United States of America Secretary of Defense

WILLIAM A. FLETCHER, Circuit Judge:

We are asked to decide whether the world’s cetaceans have standing to bring suit in their own name under the Endangered Species Act, the Marine Mammal Protection Act, the National Environmental Protection Act, and the Administrative Procedure Act. We hold that cetaceans do not have standing under these statutes.

I. Background

The sole plaintiff in this case is the Cetacean Community (“Cetaceans”). The Cetacean Community is the name chosen by the Cetaceans’ self-appointed attorney for all of the world’s whales, porpoises, and dolphins. The Cetaceans challenge…