ODI Lawyer In the News

Judge rules in favor of Makah whaling 05/17/2002

NWCN.com

TACOMA - A federal judge in Tacoma, Wash. has ruled against animal rights activists and in favor of Makah Indian whalers. The judge has decided against ordering a halt to the whaling.

In his ruling, U.S. District Court Judge Franklin D. Burgess says there's no substantial likelihood of the lawsuit's success. He says there's no evidence of harm except the 'aesthetic, emotional' harm the animal rights people may suffer.

“We’re obviously very disappointed with Judge Burgess’ ruling because it means the Makah tribe can now begin whaling, even though there are still serious questions about the safety of the hunt and the impact of the hunt on the small resident whale population,” said Kim Ockene, attorney representing the Fund for Animals. “However, this is just a preliminary ruling and does not resolve the underlying merits of the case. “

KING The Makah Tribe's hunt for gray whales in the Northwest has stirred controversy for years. Ockene said her team is still considering what to next.

“We could either continue to pursue the merits of the case in the district court or we’re considering whether to appeal the judge’s ruling on the preliminary injunction to the 9th Circuit Court of Appeals,” said Ockene.

Resource Links Makah Indian Treaty, 1855

Makah Indian Nation

Sea Shepherd Conservation Society

The whaling opponents want more studies. They says the Makahs may inspire whaling by other tribes and undercut U.S. opposition to commercial whaling Some Makah families were reportedly ready to go whaling again this spring. The Indians killed and ate a whale three years ago for the first time in 70 years.

“Our argument is that the government failed to adequately consider the impact of the whale hunt on the environment, which they are mandated to consider all of the impacts of the hunt under the National Environmental Policy Act. Our main concerns are the safety of the hunt and the significant impact on the residential whale population, which is a very small population of about 35-50 whales that reside in the Northwest/Washington area,” said Ockene.

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NWCN's Cam Johnson spoke with the lawyer for the Fund for Animals.

On May 3rd, Burgess issued a temporary restraining order telling the Makah Indians not to hunt gray whales for at least 10 days. The order was issued at the request of the Fund For Animals, which is suing to stop the whaling permanently.

The organization also requested a hearing for a preliminary injunction, which would last longer than a temporary restraining order. It seeks to prevent the Makah from hunting whales while a lawsuit challenging the tribe's right to whale makes its way through the courts.

The hearing was held for May 15.

It was a fairly extensive hearing with both sides very passionate about this issue. Even before the judge walked into the court, both sides reportedly exchanged angry words.

Three attorneys were allowed to make oral arguments for a half-hour each. The main issues include public safety during the hunt, the impact of the hunt on resident whales, and whether allowing the hunt would set precedent for other forms of whale hunting - not only for the local tribes but also internationally. And also, whether the Makah Tribe and the Federal Government satisfied all legal and procedural qualifications to permit a hunt. The Makah's right to whale is outlined in their 1855 treaty. The tribe moved to resume the hunt when the whales were taken off the Endangered Species List in 1994.

After making their case to the International Whaling Commission, Makah whalers were allocated 20 whales through 2002 - no more than five per

[snip]

It is a bit tempting to gloat. But from the story, it appears that the judge agreed with the legal position that we have asserted all along:

1) The position of some protesters is sincere and deep felt. They are pegging their position to the statutory terms and regulations of the National Environmental Protection Act.

2) NEPA does not cover intangible damage such as sympathy for the whales; NEPA only covers physical damage to the environment. Thus, the questions become a) are the 'resident whales' a separate subspecies. No. b) Is the exclusion zone a sufficient protection against accidents with the 'coup de grace' rifle? Yes. c) Is there any substantial other environmental issue? No.

3) Neither the IWC nor the Marine Mammal Protection Act constitutes an abrogation of the Makah Treaty.

Hi Anon

One more loss for the Rich boys. It seems the more they open their mouths the deeper their feet go into it. Whats next Rich you going to harass a few more children maybe try to run down some one. I know hold another group sing on your hill top.

Well Mike,

If a judge thinks that it is OK for the Makah to cause emotional harm to activists, then it is only fair that the activists cause emotional harm to Makah. What goes around comes around, eh?

Richard Hayduke Lives! 'It is a man's sympathy with all creatures that truly makes him a man. Until he extends his circle of compassion to all living things, man himself will not find peace.' Albert Schweitzer

You think it is funny to kill whales? You think it is funny to harass Alberta Thompson? You think it is funny to try to hit protesters with cars? You think it is funny to cheer about the injuries suffered by Erin Abbott?

Well if you are stupid enough to interpret the court decision as such it only shows the very reason you morons keep losing case after case after case ....

Perhaps ODI's Wise Use lawyer would be better used in that case ...

John

I'm talking about fairness now, not specific court cases. Just seems that if the Makah intentionally act in ways that they know cause emotional pain and suffering to others, that they should not expect different treatment themselves.

Richard Hayduke Lives! 'Relegating grizzlies to Alaska is like relegating happiness to heaven; one may never get there.' Aldo Leopold

Looks like another threat by an terrorist don't it.

Only to you, Mikey.

Richard Hayduke Lives! 'Belief? What do I believe in? I believe in sun. In rock. In the dogma of the sun and the doctrine of the rock. I believe in blood, fire, woman, rivers, eagles, storm, drums, flutes, banjos, and broom-tailed horses....' Edward Abbey

So you and your group are going to cause them pain and suffering. Making more threats it seems.

Nice try at least you took the word murder out this time.