LET WILLY FREE HIMSELF: THE CASE FOR EXPANDING STANDING TO MARINE MAMMALS TO CHALLENGE REGULATIONS OF THE PUBLIC DISPLAY INDUSTRY

摘要

The beauty of marine mammals holds a special place in the heart of many Americans. As such, the taking of marine mammals for public display is subject to many regulations: international and domestic, federal and state. The public display facilities themselves are also subject to regulations concerned with ensuring the well-being of the captive marine mammals. These standards, concerning the physical characteristics of the enclosures and the qualifications of employees who interact with the captive animals, are largely left to industry self-regulation. This is problematic because research has demonstrated the harm that can stem from inadequate conditions of captivity and under-qualified trainers. However, the public display industry has been reluctant to modify its standards and has exposed both the captive marine mammals and the trainers interacting with the animals to harm. This Note proposes ways in which these deficiencies should be addressed. With regard to the captive mammals, there are very limited circumstances in which a lawsuit could be brought to challenge the inadequacy of the conditions of captivity, due largely to the modern standing doctrine in federal courts. As a solution, this Note recommends a modest expansion of standing doctrine, allowing captive marine mammals to bring suit (in an ex rel capacity and represented by interest groups) to challenge these inadequate conditions. Such an expansion would address courts' concerns about "opening up the floodgates" for unnecessary litigation by allowing only the "individuals" that are harmed, to wit: the captive marine mammals, to bring suit, rather than any individual that just felt strongly about the conditions of captivity, ensuring that the court is hearing a "case or controversy." This Note proceeds in five parts. Part Ⅰ provides necessary background information discussing the web of regulations that govern the marine mammal public display industry. Part Ⅱ discusses the educational requirements for public display facilities, the husbandry practices, and the problems with industry self-regulation. Part Ⅲ proposes ways in which the deficiencies in the regulations should be remedied. Part Ⅳ briefly discusses the modern standing doctrine and proposes a modest expansion that would allow captive marine mammals to bring suit in an ex rel capacity to challenge the conditions of their captivity. Part Ⅴ briefly concludes.