Activist groups fighting to free a local Southern Resident orca from the Miami Seaquarium have lost their latest court battle.
A federal appeals court rejected a petition to reopen a lawsuit over the treatment of Lolita - also known as "Tokitae" - who was captured off Whidbey Island in 1970, the Miami Herald reports.
The orca lives in the country's smallest aquarium. It has been the main attraction for decades, The Associated Press reports.
The court's decision states that while the orca's age of 51 makes the case "unique." However, there is no threat of serious harm that would trigger a federal animal welfare law violation, the AP reports. The court was also unable to identify a "realistic means" to return Lolita to the wild without harming her.
Lolita was sentenced to a "lifetime of physical and psychological harm" with the ruling, PETA General Council Jared Goodman said after.
The Orca Network previously announced a plan to bring Lolita back to Washington, where she would be re-introduced to her native waters via a netted seapen. The hope was she would be rehabilitated and rejoin L Pod.
The Associated Press contributed to this story.
