Cite as 386 F.3d 1169 (9th Cir. 2004)
Lanny Sinkin (argued), Hilo, Hawaii, for the appellant.
Ann D. Navaro, Kristen L. Gustafson, Kathryn E. Kovacs (argued), United States Department of Justice, Environmental and Natural Resources Division, Washington, D.C., for the appellees.
Appeal from the United States District Court for the District of Hawaii; David A. Ezra, Chief District Judge, Presiding. D.C. No. CV-02-00599-DAE/BMK.
Before: HUG, ALARCÓN, and W. FLETCHER, Circuit Judges.
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 the United States Navy’s use of Surveillance Towed Array Sensor System Low Frequency Active Sonar (“SURTASS LFAS”) during wartime or heightened threat conditions. The Cetaceans allege that the Navy has violated, or will violate, the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531–1544, the Marine Mammal Protection Act (“MMPA”), 16 U.S.C. §§ 1371–1421h, and the National Environmental
