Judge upholds federal protection for Sound's orcas

A federal judge in Seattle has thrown out a challenge from industry groups to federal protections for Puget Sound orcas, clearing the way for recovery efforts.

U.S. District Court Judge Thomas Zilly on Wednesday dismissed a lawsuit by the Washington State Farm Bureau and the Building Industry Association of Washington, ruling the groups failed to show they have suffered any injury from protecting the orcas.

The ruling is expected to lift a legal cloud that had been hanging over a 2005 federal decision to list the orcas under the federal Endangered Species Act, said Steve Mashuda, a lawyer for Earthjustice, which represented environmentalists in the case.

"I think it's time we start rolling up our sleeves and getting serious about recovering orcas in Puget Sound," he said.

A Farm Bureau representative said the ruling showed bias in that environmental groups can be heard in court while farmers have their cases tossed out without a trial.

"Real people will be harmed if orcas are unjustly protected," said John Stuhlmiller, the bureau's director of state affairs.

An attorney for the Pacific Legal Foundation, which represented the plaintiffs, said no decision has been made on whether to appeal.

In the suit against the National Marine Fisheries Service, the industry groups argued that Puget Sound orcas are indistinguishable from orcas elsewhere in the world and shouldn't be considered endangered as a separate species.

They argued that protections for the orca, which is a kind of dolphin, would restrict landowners with property near rivers used by salmon.

Salmon are a staple of orca diets, and the decline in salmon populations are considered a major cause of the orcas' problems.

Judge Zilly, however, said the plaintiffs never produced any detailed evidence of people actually suffering harm.

Warren Cornwall: 206-464-2311 or wcornwall@seattletimes.com Information from The Associated Press was included in this report.