Judge: Navy Not Exempt From Sonar Ruling

[DeSwiss]

Source: Associated Press

LOS ANGELES - The Navy must follow environmental laws placing strict limits on sonar training that opponents argue harms whales, despite President Bush's decision to exempt it, a federal judge ruled Monday. The Navy is not "exempted from compliance with the National Environmental Policy Act" and a court injunction creating a 12 nautical-mile no-sonar zone off Southern California, U.S. District Judge Florence-Marie Cooper wrote in a 36-page decision.

"We disagree with the judge's decision," White House spokesman Tony Fratto said. "We believe the orders are legal and appropriate." Navy spokeswoman Lt. Cmdr. Cindy Moore said the military was studying the decision.

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.

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."

Read more: http://news.yahoo.com/s/ap/20080205/ap_on_re_us/navy_sonar

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- I imagine there's one huge hissyfit going at 1600 Pennsylvania Avenue right about now....

[Tyler Durden]

1. Rec #5 and PROUD OF IT.

The Navy knows perfectly well how sonar works, and there are no Roooski subs out there for them to chase.

Score one for the whales; now let's kick the fucking SHIT out of Japan.

[klook]

2. That is GREAT news

Thanks for posting this.

And thanks also for the excellent pic of Crybaby Bush.

[Judi Lynn]

3. NY Times: Judge Reinstates Rules on Sonar, Criticizing Bush’s Waiver for Navy

Judge Reinstates Rules on Sonar, Criticizing Bush’s Waiver for Navy

Published: February 5, 2008
SAN FRANCISCO — A federal judge in California on Monday reinstated a series of provisions meant to protect whales from high-powered sonar during military exercises in the Pacific Ocean.

The decision was a rebuke to an effort by the Bush administration to exempt the Navy from those rules and from federal law.

The decision, by Judge Florence-Marie Cooper of Federal District Court, found that the administration’s Council on Environmental Quality had overreached on Jan. 15 when it cited “urgent national security reasons” to approve weaker rules for the exercises.

In early January, Judge Cooper issued an injunction on naval exercises in the Pacific, requiring a series of mitigation efforts including shipboard and aerial monitors to watch for whales and a mandatory shutdown of midfrequency sonar whenever whales were spotted within 2,200 yards of ships.

More:
http://www.nytimes.com/2008/02/05/us/05sonar.html?_r=1&ex=1359867600&en=8e204604e58a5ee2&ei=5088&partner=rssnyt&emc=rss&oref=slogin


:woohoo::woohoo::woohoo::woohoo::woohoo::woohoo::woohoo::woohoo:

http://www.blueseacruisesinc.com.nyud.net:8090/images/pilot-whales.jpg

Pilot whales

[Hugabear]

4. There is no fucking need for that kind of sonar anymore

It's antiquated technology. There are other methods of detecting enemy vessels underwater that don't require active sonar, which can give away your own position.

[hack89]

8. You are very wrong

it is certainly not antiquated and is in fact the only reliable way to detect diesel electric submarines which are too quiet for passive sonars. They are also the only sonar that works well in noisy, shallow coastal waters.

What other methods are you thinking of?

[Hugabear]

9. Google, my friend

http://www.oceanmammalinst.org/safealternatives-to-lfas.htm

http://www.mindfully.org/Technology/2005/SURTASS-LFA-Sonar4mar05.htm

http://www.mauinews.com/letters/2007/7/25/09there0725.html

And even if you are right - that the ONLY way to protect ourselves is through active sonar - at what cost?

Do we have the right to destroy ocean life simply to protect ourselves from something that "might" happen?

[Sweet Pea]

10. Like what? n/t

[Hugabear]

13. See my response right above you

There are alternatives. The Navy knows this.

Not only is active sonar an outdated technology, the very use of it betrays your own presence.

[Sweet Pea]

17. Ahhhh....Gotcha

You are a supporter, then, of increasing the Pentagon budget, above the $588b that makes up the most recent request. Those systems cost mucho money to develop, deploy and maintain.

[harmonicon]

5. what makes anyone think they'll comply?

They've ignored other court rulings, subpoenas, etc.

[Dont_Bogart_the_Pretzel]

15. ditto

[librechik]

16. exactly what I thought. They'll keep doing it anyway. What whale is goijng to sue them?

Jerks.

[Mithreal]

6. It's still a victory for whales and people who love them, thank you : )

Big thank you to the activists and the justice system on this case. Every victory counts.

Of course, as the previous poster mentions the war isn't over, the enemies of our planet have not surrendered.

[alcibiades_mystery]

12. It's a victory for checks and balances

The President can't just waive rulings by the judicial branch at his personal whim. It's ridiculous. If he has a problem with a ruling, he should have the lawyers appeal it at the next level within the judiciary. Who the fuck does this guy think he is. He waives a judicial ruling? That's crazy.

[Tyler Durden]

7. This needs some more exposure.

You know, the election is just that...an election. The animal species of the world of which we are part HOPEFULLY will outlive all of our political machinations, which in the end are meaningless.

[Nihil]

11. K & R (n/t)

[rocktivity]

14. CUE THE VONAGE THEME!

:woohoo:

And for Bush, cue the DU "Cry Me A River" String Quartet!
:nopity::nopity::nopity::nopity:


"WAAAAAHHHHHHH! I'M TELLING MY DADDY ON YOU!!!"

:headbang:
rocknation

[pleah]

18. Great news! K&R!