Judge rules on no-sonar zone
Los Angeles, February 5, 2008 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.
Associated Press writer Chelsea J. Carter in San Diego
contributed to this report.
On the Net:
Navy: http://www.whalesandsonar.navy.mil
Natural Resources Defense Council: http://www.nrdc.org