Court Backs Environmentalists Over National Security
LOS ANGELES (AP) - Environmental groups seeking to protect whales from the potentially harmful effects of sonar cheered a legal victory against the Navy and the Bush administration.
U.S. District Judge Florence-Marie Cooper ruled Monday that the Navy is not exempt from complying with both the National Environmental Policy Act and a court injunction that created a 12 nautical-mile no- sonar zone off Southern California.
“It’s an excellent decision,” said Joel Reynolds, attorney for the Natural Resources Defense Council, which is spearheading the legal fight. “It reinstates the proper balance between national security and environmental protection.”
Scientists have said loud sonar can damage the brains and ears of marine mammals, and may mask the echoes from natural sonar that some whales and dolphins use to locate food.
The president signed a waiver Jan. 15 exempting the Navy and its anti- submarine warfare exercises from the injunction, arguing they are vital to the nation’s national security.
“We disagree with the judge’s decision,” White House spokesman Tony Fratto said Monday. “We believe the orders are legal and appropriate.”
The judge also said she has “significant concerns about the constitutionality of the President’s exemption,” but that “a finding on this issue is not necessary” to reinstate the sonar injunction.
The Navy maintains it already minimizes risks to marine life, and has employed sonar for decades without seeing any whale injuries. It said the sonar is essential for tracking submarines.
The carrier strike group of the USS Abraham Lincoln wrapped up a sonar training exercise last week. There are currently no such training exercises off the coast of California that use sonar.
A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco had been expected to rule on the future of the Navy exercises last month. But after Bush’s decision, the appeals court sent the issue back to the U.S. District Court in Los Angeles to consider.
Navy spokeswoman Lt. Cmdr. Cindy Moore said the military was studying the decision, but did not say what its next legal move may be.
Government attorneys can appeal Cooper’s decision to the 9th Circuit or could ask the appeals court to allow sonar exercises until the appeal is resolved.
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Dumbassed enviro wackos & stalinist judges–what more could we ask for?
February 5th, 2008 at 1:57 pmAnother Clinton appointee….speaks for itself –
Cooper, Florence-Marie
Born 1940 in Vancouver, British Columbia, Canada
Federal Judicial Service:
February 5th, 2008 at 3:00 pmJudge, U. S. District Court, Central District of California
Nominated by William J. Clinton on July 14, 1999
Why are we using our Constitution as a suicide document…and why are we giving judges a heckler’s veto on National Security matters? Tell the courts and these whacko greenies to go suck an egg.
February 5th, 2008 at 3:29 pmwhy can’t they compromise? I love whales, but I also value our security.
February 5th, 2008 at 4:19 pmScrew the whales! They don’t pay taxes so screw ‘em! Lousy deadbeat mammals.
February 5th, 2008 at 5:15 pmLet’s see a whale defend us against a Xia-class SSBN. Oh well. We really didn’t need California anyway.
February 5th, 2008 at 6:02 pmNo compromise necessary Mindy — it comes down to who do you believe.
BTW — The Natural Resources Defense Council is pro-Kyoto, pro caps and trades and anti drilling in Anwar (or anywhere else) in the US.
Natural Resources Defense Council — “Scientists have said loud sonar CAN damage the brains and ears of marine mammals, and MAY mask the echoes from natural sonar that some whales and dolphins use to locate food.”
What scientists? They don’t say. At one time scientist said the sun revolved around the earth.
“Can” damage….” Under what circumstances? They don’t say.
“May” mask the…” “May” passes for scientific evidence relevant enough to jeperdize national security?
The US Navy — “The Navy maintains it already minimizes risks to marine life, and has employed sonar for decades without seeing any whale injuries.”
No explanation necessary.
February 5th, 2008 at 6:10 pmWhat scientists?
That would have to be scripts ranch in San Diego and the NOAA plus their were defense contractors who have been researching this since the 70’s
in 2000 whales were beached in the Bahama’s and in 2005 a sh*tload were beach in North Carolina around the Oregon Inlet
I think the concern is over the endangered population which ever that is…also its not just the whales.
One big sonic boom and really all kinds of Marine life start floating up on the shore….
The Navy has been very cautious and sensitive about this
over the years and this may be a case where they don’t know but, something might happen’
Very honorable of the Navy to be this considerate actually…
February 5th, 2008 at 8:33 pmThe Cubans and Mexicans can drill for (more) oil off the Gulf Coast, but we can’t. Ya think they are adhering to rigid environmental standards? The polar bear is about to be declared “endangered,” so now new power plant projects in places like Oklahoma will have to demonstrate they don’t put out CO enough to affect their habitat. Quite a bar to pass–effectively halting all construction/development projects that put out any carbon dioxide. So…even construction of a large greenhouse full of plants would get the kabosh. We are committing suicide as a nation. The libs want us to become Euro socialists, so the Euro socialists who gave away the farm won’t feel like left out losers. By 2020, USA will be second rate economy, to China and India, once Billary puts in her socialist policies of “universal health care, universal preschool care and universal family leave, etc., etc., etc….” and appoints the next two Supreme Court justices. Bet on it.
February 5th, 2008 at 8:55 pmIf it’s too loud they will just swim away and if they are to stupid to do so then so be it.
Brian
February 5th, 2008 at 9:06 pmNorth American Union
by The Conservative Caucus
http://video.google.com/videoplay?docid=-5581854975245721437&q=open borders mexico and canada&total=31&start=0&num=10&so=0&type=search&plindex=1
February 5th, 2008 at 9:07 pm