A legal challenge that sought to strip a breed of orcas of their endangered status was dismissed recently by a U.S. District Court Judge in Seattle after a case was brought by the Building Industry Association of Washington and the Washington Farm Bureau.

The suit claimed that protecting the orcas would result in water and land-use restrictions near rivers inhabited by salmon, the orcas' prime food source, and ultimately farmers could face fines and imprisonment. The plaintiffs also argued that Puget Sound's orcas are not genetically distinct enough from other orcas to warrant protection.

In his ruling, the Judge stated that the groups bringing the suit had not proved that they would be harmed by the protection of the orcas under the Endangered Species Act.

The number of orcas have been decreasing due to a number of factors: a decline in the whales' food, an increase in water contamination that causes disease an infertility and also disruption caused by boats and ships. Decades ealier they were caught for aquariums or killed.

They number about 90 animals. Federal officials are seeking to rebuild the population to 120. The orcas were deemed endangered by the federal government in November 2005 following years of legal action by conservationists.