SEA Shepherd has failed to secure a court injunction to force the suspension of the West Australian government's shark culling program, with its lawyer saying the "heart" has been ripped from the case.
The marine activists launched the fast-tracked legal challenge on Wednesday last week, seeking to have dozens of baited drumlines off Perth and the South West region removed.
Their argument questioned the validity of an exemption under the Environment Protection and Biodiversity Conservation Act, granted by federal environment minister Greg Hunt, which allowed the state government to kill any protected great white, tiger or bull shark bigger than three metres caught in certain zones.
The exemption runs until the end of the trial program on April 30, but Sea Shepherd wanted it stopped immediately.
Their lawyers argued the exemption was not valid as it was not published in an official government gazette.
But on Wednesday, Judge James Edelman disagreed and decided against granting the injunction.
Patrick Pearlman, principal solicitor for WA's Environmental Defender's Office, who led the action for Sea Shepherd, said hopes of a judicial review had been extinguished.
"In ruling on the preliminary question of whether the exemption is valid, he has in essence taken the heart out of the case," Mr Pearlman told reporters.
"We're obviously disappointed. We thought we had a very good argument. It's a very legal, technical argument."
Mr Pearlman maintained the exemption should have been gazetted so parliamentarians had the chance to examine, debate and vote upon it.
"Then, I think, every member of parliament would be able to be on the record and say whether they think this program is a good idea."
He said an appeal would be considered.
There was still a chance the state government could be forced to remove the drumlines before the trial ended, Mr Pearlman said, with the WA Environmental Protection Authority still considering whether to assess the program.
Greens MLA Lynne Maclaren said all eyes now fell on the EPA.
"In that regard, we are not giving up this case," she said.
"We will continue."
Mr Hunt said the there would be no extension to the exemption until WA conducted a full environmental assessment of the program.
That was required under the Environment Protection and Biodiversity Conservation Act, he said.
Sea Shepherd's Jeff Hansen urged the EPA to make its decision quickly.
With the WA government's lawyers now seeking to slug Sea Shepherd with court costs, the activist group faces a bill of up to $19,000.
But it was worth it, Mr Hansen said.
"We had to have a shot at this," he said.
"We will continue no matter what because we have right on our side."
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