Ecojustice filed the lawsuit on behalf of nine of Canada and British Columbia's leading environmental organizations alleging that DFO failed to protect the critical habitat of Northern and Southern resident killer whales in the Pacific Northwest, as required by law.

Environmental groups welcomed the precedent-setting Order but still want their case to be heard to ensure the government takes action under SARA. They are concerned the Order focuses on protecting the geophysical features of critical habitat only and does not address declining food sources, pollution, vessel traffic and acoustic disturbances.

If the case is successful, SARA will be required to protect critical habitat of all endangered aquatic species.