LOS ANGELES, Mar. 2, 2008
Court Upholds Navy Sonar Ban Off S. Calif.
Law To Prevent Use Of Sonar That Harms Whales Is Upheld
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An appeals court upheld a law banning the Navy's use of sonar within a 12-mile stretch of ocean off Southern California. Environmentalists claim such use harm whales and other marine mammals. (iStockphoto)
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The 9th U.S. Circuit Court of Appeals on Friday night rejected the Navy's appeal of restrictions that banned high-powered sonar within 12 nautical miles of the coast and set other limits that could affect Navy training exercises to begin this month.
Also on Friday, a federal judge in Hawaii issued a similar ban for that state's coastline.
In the California case, the appellate judges let stand most of a lower court injunction that set the limits, but altered two restrictions that the Navy argued could harm the readiness of its ships for combat.
Conservation groups that had sued to block the Navy's use of high-powered sonar said the decision was a victory for their side.
"The court is saying that neither the president nor the U.S. Navy is above the law," Joel Reynolds, director of the Marine Mammal Protection Project at the Natural Resources Defense Council, said in a statement Saturday.
"The court found that the Navy must be environmentally responsible when training with high intensity sonar, and that doing so won't interfere with military readiness," he said.
The Navy has argued that additional restrictions would hamper its ability to train effectively.
"In ordering additional mitigation to reduce the risk to marine mammals, the order shifts the risk to sailors and Marines," Capt. Scott Gureck, a Navy spokesman, said in a statement responding to the Hawaii ruling.
Southern California's coastal waters are home to dozens of species of whales and dolphins, seals, and sea lions. Nine species are federally listed as endangered or threatened.
The appellate court said the Navy has acknowledged that high-powered sonar may cause hearing loss and other injuries to marine mammals. The court said the Navy has estimated that its Southern California exercises would expose more than 500 beaked whales to harassment and would result in temporary hearing loss to thousands of marine mammals.
The ban requires the Navy to limit the decibel levels of its sonar under certain ocean conditions and to stop using it altogether when a marine mammals is detected within 2,200 yards of a sonar source.
The Navy said those restrictions would limit its ability to conduct anti-submarine warfare training and possibly prevent certification of some naval strike groups preparing to deploy to the Persian Gulf.
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The appellate court staggered the sound-level reductions during certain ocean conditions and tied them to the proximity of a marine mammal. The court also said the Navy can continue to use sonar - although at a lower sound level - when a marine mammal is within 2,200 yards if the sonar is being used "at a critical point in the exercise."The court is saying that neither the president nor the U.S. Navy is above the law.
Joel Reynolds, Natural Resources Defense CouncilIn the Hawaii decision, U.S. District Judge David Ezra ordered the Navy to look for marine mammals for one hour each day before using sonar, employ three lookouts exclusively to spot the animals during sonar use and stop sonar transmission altogether when one of the mammals is within 500 meters, which is nearly 547 yards.
The Navy plans to conduct as many as 12 exercises off Hawaii over the next couple of years. Navy officials say Hawaii waters provide a unique environment that includes both deep and shallow water for training.
The Navy undertakes "extensive measures" to protect marine mammals during training and is considering asking for more review, possibly by the U.S. Supreme Court, said spokeswoman Lt. Cmdr. Cindy Moore.
"We're a country engaged in two wars. When we send America's sons and daughters into harm's way, we must ensure they have the best possible training," she said.
© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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See all 27 CommentsAnd this guy is an officer? That statement is an outright lie. What happened to the idea of "military integrity?%u201D If really believes that, then no amount of training will help. The ban only extends 12 miles from the coast%u2026so turn the sonar up to max at 13, dimwit! How about we let the Air Force conduct night training flights over major US cities? It%u2019s those cities we%u2019re training to protect anyway, right? Who cares if a few thousand people lose some sleep? If the Navy can%u2019t figure out how to train and test sonar in locations not covered by this ban than they are in serious, serious trouble.
THEN you can vote and be politically active.
BTW, I''m still waiting for that citation lewiston14, unless you''re just talking out of you a$$ or course.
Come on Mr. DVD Constitutional scholar. For about the 5th time quote me WHERE in the Constitution it says the President is above the law.
You can''t because it doesn''t say that. ANYWHERE.
Or maybe you can''t read?
I agree with what you posted. I have a copy of the Constitution on DVD sitting in back of me and have read it. People would be surprised at the vast powers a president has in the name of national defense or in times of war. Lew
Any President
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Posted by lewiston14 at 04:08 PM : Mar 02, 2008
What does it say about a lower that life piece of human scum that starts that war based on LIES. Bush needs to meet the same fate as Saddam.... Hey maybe they could have a private corner in HELL? Sieg Heil Bush!!
Quote the section of the Constitution of the United States where it says the President can "override" the law.
HE CAN''T.
I''ve read the Constitution many times. Have you? Please refer me to the section that says the President is above the law or where he can "override" what the courts have ruled.
Let me give you a hint: there isn''t one and he can''t.
I agree with what you posted. I have a copy of the Constitution on DVD sitting in back of me and have read it. People would be surprised at the vast powers a president has in the name of national defense or in times of war. Lew
Any President
%u201CIn the better interest of The United States national defense and as the commander and chief of the United States armed forces following my Constitutional duty to fulfill the obligations specified in the Constitution I must %u2026%u2026%u2026%u2026%u201D
You can fill in the blank
The President, whether it is W. or otherwise, has a constitutional duty to fulfill the obligations specified in the Constitution. Why don''t you read it some time?
Bush has a Constitutional duty to follow the law - that''s it pal. And the law says the Navy can''t do those sonar tests. If he orders the Navy to do otherwise he has broken the law and violated his Constitutional duty.
What a sad state America is in where we have to argue that the President isn''t above the law. Do you think you''re above the law jim1348? How about your neighbors? Friends? co-workers? I''ll bet the answer is "no" - and yet you argue the President is and more frighteningly you argue George Bush is.
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