Judge: Bush Can't Waive Environmental Law

President Had Sought To Exempt Navy From Sonar Ban Aimed At Protecting Whales Off Calif.

(AP)  President Bush cannot exempt the Navy from environmental laws banning sonar training that opponents argue harms whales, a federal judge ruled Monday.

Navy officials did not immediately respond to the ruling by U.S. District Judge Florence-Marie Cooper. Mark Matsunaga, spokesman for the Navy's Pacific Fleet, headquartered in Hawaii, said officials needed time to review it before commenting.

The president signed a waiver Jan. 15 exempting the Navy and its anti-submarine warfare exercises from a preliminary injunction creating a 12 nautical-mile no-sonar zone off Southern California. The Navy's attorneys argued in court last week that he was within his legal rights.

The Navy is not "exempted from compliance with the National Environmental Policy Act and this Court's injunction," Cooper wrote in her 36-page decision.

Environmentalists have fought the use of sonar in court, saying it harms whales and other marine mammals.

"It's an excellent decision," said Joel Reynolds, attorney for the National Resources Defense Council, which is spearheading the legal fight. "It reinstates the proper balance between national security and environmental protection."

When he signed the exemption, Bush said complying with the law would "undermine the Navy's ability to conduct realistic training exercises that are necessary to ensure the combat effectiveness of carrier and expeditionary strike groups."

Said Reynolds:

"I've always felt that the president's actions were illegal in this case, and the judge has affirmed that point of view with the decision today."

[artrick-2009]

That is because the christian conservative right or republicans believe you should not kill unborn babies, but to kill anybody or thing else is fair game. gun toters luv shooting animals for sport so why not let the Navy have some fun killing them too.

[recorrit]

OMG!!! The Shrub got told NO! Since when does he listen to what the law says anyway. What makes that place so special anyway? isnt the law there for a reason. And IOWEIGN, when someone kills a baby a lot of people care. Cant help that you have no feelings. And sure one less taxplayer multi million dollar excerise is really gonna leave you sorry *** open for attack. Sorry that you''re so paranoid.

[rf35]

This ban doesn''t hurt the military!! The planes at my base can''t fly over town at night! This is no different!

[Syndicate]

This is stupid. If you want to help the wells ban shipping. Other wise just stop it. What a perfect liberal issue you get to help the whales and hurt the military at the same time.

[jimfinster]

the emperor has no clothes....

[confused101a]

carterarce at 11:54 AM : Feb 05, 2008
Sticking up for the defenseless is more admirable than bullying by anyone''''s standards.

I admire your last comment. Yet find it somewhat perplexing. Bullying is what both sides of these issues are doing. This activity makes no sense and services no realistic purpose. If the people want swaths of land and sea protected then why didn%u2019t %u201Cwe the people%u201D vote on it. You said in your comment %u201C You''%u2019ll see in the next few years. Just hang in there, you''''ll be hugging trees and rejecting the murder of civilians in no time.%u201D Inferring that I was on a different side of the issues. My point was, and remains that I don%u2019t believe any President should have the authority to make law by edict. That sir is just what %u201Cexecutive orders%u201D are.

[quetzal0666]

Ahhh Chucks, now he cant go killing fish as well???
Whats a War Criminal to do if people start objecting to all of this killing???

[afmca]

Oh no ... the Dictator in Chief has another court ruling that he will ignore. Since he was appointed by God Bush obviously does not need to be held to any earthly laws.

[carterarce]

Confused101:
Why does it have to be one or the other? Why not find a creative way to compromise? The people want swaths of land and sea protected. It''s a natural desire to have a healthy, living environment to live in. Get with the times. People like the environment. You''ll see in the next few years. Just hang in there, you''ll be hugging trees and rejecting the murder of civilians in no time. You know a good thing when you see it.
Sticking up for the defenseless is more admirable than bullying by anyone''s standards.

[inventagod]

Bu$h is a lawless tyrant.
He dont need no stinkin judges!

[carterarce]

Commonnonsense:

Why do you war lovers always bring up WWII? It''s 2008. Stop trying to compare apples and oranges. These redundant weapons programs and overspending are crippling our economy. You have never heard anyone say eliminate the military, so don''t put words in my mouth. Let''s reel in the spending and hold the thieves giving blank checks and no bid contracts to companies like Haliburden accountable.
You cannot simultaneously hold abortion over our heads while supporting a war that has killed thousands and thousands of innocent people, including the children you earnestly pretend to want to protect.
The best way to get rid of the demand for abortion is to work towards the elimination of poverty. This is going to cost money. Money the military wastes in unconceivable proportions.
Humans and sea life are all part of an ecosystem that relies on each other for survival. If you can''t see this then I just don''t know what to tell ya....

[rf35]

I don''t understand the reason the Navy is whining about this...just go 13 nautical miles out and conduct the training. Training is necessary to the military''s readiness, but such training can be done in more than one place, especially in cases such as the Navy training to hunt submarines. I think the real issue here is that someone dared to tell Bush "no," and he is furious over that.

[irliberal]

And yet your OK with enemy submarines getting within 12 miles of our coast. Ahhhhh the liberal mind is something to behold.
Posted by hillaryin08 at 08:19 AM : Feb 05, 2008

LOL... poor hillaryin08 has been overdosing on "Hunt for Red October". I thought the threat was the terrorists! No, it''s the subs! No, it''s the evil dictators! No, it''s Hillary! Lol... fools. You''re in for a rough eight years. heh

[rf35]

Gateway1 said "All you''''ll get is quotes from the Constitution, but no laws."

The Constitution IS the law, dimwit. Go find a middle school civics class to sit in on before making inane comments like that.

[confused101a]

I do not understand something. Why is it that 1 former sitting President able to use "executive" orders to take land in the name of environmental protection. yet another can''t use the same mechanism in the name of national defense? Is the political left so selfish that nothing else but their opinion counts?

[godseyesore-2009]

Finally, someone stands up to the pompous tyrant issuing ''executive'' orders.
Shrub should be continually trimmed to the pigmy plant he really is.

[rowdytexan2]

Again, the Decider in Chief has already genocided a great number of Iraqi''s and 4,000 US troops with his delusional paranoia. He is certainly not going to be concerned about a few dozen whales.

He calls our Constitution a GD piece of paper and defies any court in the land.

This judge should be applauded for reminding him of the laws and that as a citizen he should obey them. But I suspect that reminding him is somewhat like urinating on an electric fence or spitting into the wind.

[whatithink-2009]

commonsence1,

How many children have you adopted? I have more respect for prolifers who have at least adopted one child. Put your wallet where your mouth is or otherwise SHUT UP!

[displeased]

The constitutional authority for the President to protect this country you Nazi. Crawl back into your hole.
Posted by hillaryin08

Just like his constitutional authority to protect our country by invading Iraq. That disaster has removed any credibility of himself or anybody to be "above the law".

[creeper00]

Oh, my...what a shock this must have been to Dubya.

"What do you mean, the law applies to me, too?"