Environmentalists won a victory in Ottawa Tuesday after the Federal Court ruled the Department of Fisheries and Oceans has not done enough to protect the critical habitat of killer whales that live off the west coast of B.C.

In his declaration, Justice James Russell said the federal government failed to protect at-risk southern and northern resident whales by inadequately dealing with issues of salmon availability, environmental contamination and noise pollution from marine traffic.

A coalition of conservation groups, represented by Ecojustice, launched the lawsuit in 2008 after the Department of Fisheries and Oceans (DFO) used provincial guidelines to outline a protection strategy, which environmentalists say did not address key issues such as food supply or pollution.

At the heart of the issue was whether federal fisheries officials had a legal obligation to protect the biological features of critical habitat.

Russell ruled that the DFO must use binding federal laws as outlined in the Species At Risk Act, rather than relying on provincial policies or guidelines, which he concluded do not legally protect habitat.

"We are very pleased that the court has confirmed our interpretation of what you have to protect and how you have to protect it," said Margot Venton, a lawyer for Ecojustice. How authorities choose to protect the critical habitat, for instance, how to ensure there is enough salmon for the whales, will be up to fisheries officials.

She also said there need to be much stricter regulations about dumping sewage into the ocean in areas like Victoria.

Ecojustice represented the David Suzuki Foundation, Dogwood Initiative, Environmental Defence, Greenpeace, Georgia Strait Alliance, International Fund for Animal Welfare, Raincoast Conservation, Sierra Club of BC and the Wilderness Committee during the proceedings.

"This is a victory not just for the resident killer whales, but for the more than 90 other marine species listed under the federal Species at Risk Act," said Venton. "The court has confirmed that the government must legally protect all aspects of critical habitat from destruction. Now DFO needs to obey its own law."

The department has not yet responded to the decision.

The southern orcas are listed as an endangered species with a population of about 85, while there are about 220 northern dwellers considered a threatened species.