Safety of nation trumps endangered whales
Safety of nation trumps endangered whales, appeals court says
Bob Egelko, Chronicle Staff Writer
Friday, August 31, 2007
(08-31) 11:45 PDT SAN FRANCISCO - A federal appeals court allowed the Navy today to resume using underwater sonar blasts in anti-submarine warfare tests off the Channel Islands in Southern California, saying the nation's military needs outweigh the safety of endangered whales.
In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco suspended an April 6 injunction by a federal judge in Los Angeles that ordered the Navy to halt the sonar experiments during training exercises scheduled through 2009.
In her ruling, U.S. District Judge Florence-Marie Cooper said the underwater sound waves could harm nearly 30 species of marine mammals, including five species of endangered whales.
The Navy had earlier been allowed to conduct sonar tests in the area while taking steps to protect the whales, such as posting lookouts and reducing sound levels when whales were present. Navy officials have not proposed those measures this time.
In today's ruling to lift the injunction while the case continues, Judge Andrew Kleinfeld said Cooper had failed to consider the national interest in military preparedness.
"We are currently engaged in war, in two countries," said Kleinfeld, joined by Judge Consuelo Callahan. "There are no guarantees extending from 2007 to 2009 or at any other time against other countries deciding to engage us, or our determining that it is necessary to engage other countries.
"The safety of the whales must be weighed, and so must the safety of our warriors. And of our country."
The court majority said the tests should be allowed to resume because the government will probably be able to show that sonar can be used safely, with protective measures similar to what the Navy used earlier.
In dissent, Judge Milan Smith said the nation's environmental laws apply to the armed forces and require the Navy to conduct a study of the effects of its sonar tests and adopt protections, steps it has refused to take. He also said the Navy is conducting similar tests all over the world and would suffer no hardship by having to delay its Southern California exercises.
"There is no 'national security trump card' that allows the Navy to ignore (the environmental law) to achieve other objectives," Smith said.
The opinion is available at www.ca9.uscourts.gov.
E-mail Bob Egelko at begelko@sfchronicle.com.
Find the story here:
Whales get blown off: Federal court says Navy can do sonar testing
Federal court, you get a big fuck you from me.
Bob Egelko, Chronicle Staff Writer
Friday, August 31, 2007
(08-31) 11:45 PDT SAN FRANCISCO - A federal appeals court allowed the Navy today to resume using underwater sonar blasts in anti-submarine warfare tests off the Channel Islands in Southern California, saying the nation's military needs outweigh the safety of endangered whales.
In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco suspended an April 6 injunction by a federal judge in Los Angeles that ordered the Navy to halt the sonar experiments during training exercises scheduled through 2009.
In her ruling, U.S. District Judge Florence-Marie Cooper said the underwater sound waves could harm nearly 30 species of marine mammals, including five species of endangered whales.
The Navy had earlier been allowed to conduct sonar tests in the area while taking steps to protect the whales, such as posting lookouts and reducing sound levels when whales were present. Navy officials have not proposed those measures this time.
In today's ruling to lift the injunction while the case continues, Judge Andrew Kleinfeld said Cooper had failed to consider the national interest in military preparedness.
"We are currently engaged in war, in two countries," said Kleinfeld, joined by Judge Consuelo Callahan. "There are no guarantees extending from 2007 to 2009 or at any other time against other countries deciding to engage us, or our determining that it is necessary to engage other countries.
"The safety of the whales must be weighed, and so must the safety of our warriors. And of our country."
The court majority said the tests should be allowed to resume because the government will probably be able to show that sonar can be used safely, with protective measures similar to what the Navy used earlier.
In dissent, Judge Milan Smith said the nation's environmental laws apply to the armed forces and require the Navy to conduct a study of the effects of its sonar tests and adopt protections, steps it has refused to take. He also said the Navy is conducting similar tests all over the world and would suffer no hardship by having to delay its Southern California exercises.
"There is no 'national security trump card' that allows the Navy to ignore (the environmental law) to achieve other objectives," Smith said.
The opinion is available at www.ca9.uscourts.gov.
E-mail Bob Egelko at begelko@sfchronicle.com.
Find the story here:
Whales get blown off: Federal court says Navy can do sonar testing
Federal court, you get a big fuck you from me.