Court orders Navy to reduce effects of sonar on marine life

AP via SFGate ^ | 11/13/7

[SmithL]

San Francisco (AP) -- A federal appeals court on Tuesday ordered the U.S. Navy to lessen the harm its high-power sonar does to whales and other marine life during exercises off the Southern California coast.

The 9th Circuit U.S. Court of Appeals sent the matter to a trial judge in Los Angeles to figure out exactly how to fix the problem it says is apparent with the sonar. The three-judge panel said the sonars need to be fixed before the Navy's next planned exercise in January.

The action was taken because the court said it's likely the Natural Resources Defense Council will win its lawsuit to force the Navy to lessen the harm.

The appeals court previously overturned a blanket ban on the naval exercises, ruling that prohibition was too broad.

[SmithL]

The 9th Circus, still giving aid and comfort to America's enemies.

[SmithL]

PING ) ) ) ) ) )

[neodad]

A prelude of things to come with LOST.

[big'ol_freeper]

GMAFB!!

[mylife]

The only time active sonar is used is in peaceful search missions.

Pinging is a dead give away. Its like screaming HEY! IM OVER HERE!

[NonValueAdded]

ROFL the 9th Circus orders the Navy to order sealife to evolve. Sir, yes sir! By bombarding sealife with high-powered sonar, only those not effected by sonar will survive and breed. Problem solved, sir!

Incidentally, who would make the similar inane ruling under LOST? Who would overturn it?

[RC2]

The Navy should tell them to kiss their butts. I can see it now........no more sonar and let enemy subs enter our harbors. Real smart........bunch of fools. I was a sonarman in the Navy.....can’t tell you how important that equipment is.

[caisson71]

Since the 9th Circus is the most overturned Circuit Court in the US, what’s the problem? Defy the SOBs till the SCOTUS!!

[doc1019]

Yep, save a fish (or mammal), kill a nation.

[Titus Quinctius Cincinnatus]

And how many aircraft carriers does the 9th Circuit Court of Appeals have?

[frostbit]

Somewhere off the California coast tonight, a petty officer is dumping a huge bin of foam earplugs off the fantail into the water.

[doc1019]

Great friend of mine who spent 24 years as on nuclear boats as a sonarman (retired as a Senior Chief), says that the only time the ever went active was about a hundred miles out at sea, when leaving port, to make sure their active equipment was working and again (at the same distance) when entering port for the same reason.

[rineaux]

You’r ping just killed my guppies.

[bmwcyle]

The Navy needs to tell them to go to hell.

[wastedyears]

Who would overturn it?

Look in the mirror. Then imagine millions of faces, and put it on your body.

[Gay State Conservative]

9th Circus...placing the welfare of dolphins above the security of the nation.I’m stunned.

[EGPWS]

The council's lawsuit alleges the Navy's sonar causes whales to beach themselves among other environmental harms.

They heard it straight from the whales mouth while the council and the whales were both basking on the beach awaiting their new found friends to buy the next round of Margarita's.

[Blogatron]

"Sure, pal. We'll flip the HARM MARINE WILDLIFE switch to OFF. Go back to your bath house."

Really, whatever it takes to please these idiots?

[Mo1]

It said the sonar is vital for tracking submarines.

Hmmmmm ... protect the whales or protect Southern California ????

decisions decisions .. which the Courts in California can't deside which is more important

Go figure

[EGPWS]

You’r ping just killed my guppies.

ROTFLMAO!

[WVNan]

So, as long as it’s only off the coast of CA, what’s the problem? They can still protect the rest of America. (Just kidding)

[longtermmemmory]

How will the 9th Circus enforce the activities of a military vessel at sea?

The 9th has been dipping into the drug evidence locker too much.

[EGPWS]

A federal appeals court on Tuesday ordered the U.S. Navy to lessen the harm its high-power sonar does to whales and other marine life during exercises off the Southern California coast.

The Navy is just lessening the duress placed upon the whales so they don't have to suffer through the harsh impacts of global warming down the road.

[Freedom4US]

When, it would be interesting to know, did courts start telling the military what to do?

I remember the EPA sniffing around military bases in the 90s, which was a new thing. Who signed off on that? They outlawed some very effective solvents, which are indeed “dangerous”; but also putting troops at risk at their mission.

[BlueNgold]

How did I know which court without even reading the article... Communists!

[Elsiejay]

And who would tell Red China to limit or cease it use of sonar?

[enraged]

I thought I read that a similar case was dismissed on the east coast due to the findings that there was no damage being caused to the sea life. Anyone have a link to that? I thought I read it here...........

[longtermmemmory]

I refer the 9th to what Andrew Jackson said after the Supreme Court said he could not do the Louisian Purchase.

(it is analogous to the fickle finger of friendship)

[Robert A. Cook, PE]

Good point: An enemy merely needs to complain about the eco affect of sonar (or gunfire, or lead bullets in the water (which Kucinich DID in the Great Lakes!) to prohibit training exercises or practice under the LOST treaty.

No practice in peacetime -> we can’’t use the weapons in war.

[Myrddin]

The council's lawsuit alleges the Navy's sonar causes whales to beach themselves

It isn't enough to allege something. You must prove it before the court has any business making a ruling. The court doesn't even have jurisdiction once the vessel is beyond 12 miles from the coast. The alleged location of the "harmed" party isn't on U.S. territory.

[Wil H]

Does the 9th Circuit even have any jurisdiction beyond the three mile limit??

[OCCASparky]

Simple solution. Go outside the 12-mile limit, ping away, and when the enviroweenies start crying foul, tell the courts they have no jurisdiction in international waters.

Boo-freakin-hoo.

[OCCASparky]

They outlawed some very effective solvents

And some not-so effective ones. When I was in Bangor, Spray-and-Wipe was considered Hazmat and when you used it to clean up, the kimwipes you wiped it up with had to be disposed of as such. No, I'm not kidding.

[DesScorp]

The Navy needs to appeal to SCOTUS. We’ve already got Chinese subs popping up in our exercises.

[stuartcr]

Unless your using LFA
http://www.surtass-lfa-eis.com/

[metesky]

What whale complained and got a restraining order on the U.S. Navy?

And they wonder why Chinese subs are lurking around our navy. Why? Because they can, that's why.

[stevem]

I have said on this forum before, and will likely say again, I was a sonar tech in my Navy days. Our ship was active 24 hours each day while under weigh.

Often we sailed slow enough for the marine life to join us on the journey. We always had dolphins about. We often had whales. If our sonar hurt them, I doubt they would have followed us hither and yon day after day after day.

We did use a primitive version of long range sonar. I s'pect today's swimmers find the pings to hurt every bit as much, which is to say, not at all.

[Warthog]

Actually no mylife, the only way to detect the new breed of airless propulsion subs is through active pinging. They are so quiet tha passive sonar can’t pick them up until too late. That’s why the Aussies continually get within the protective zone of our carriers in wargames.

[relee]

And the court’s GPS coordinates are ...

[Albert Guérisse]

We’ve already got Chinese subs popping up in our exercises.

Wouldn't that happen even with active sonar?

[xone]

‘Andrew Jackson said after the Supreme Court said he could not do the Louisian Purchase.’

Work that memory. Jefferson.

[enviros_kill]

Give them: “One ping only” - Captain Marko Ramius in the “Hunt for Red October”

[Virginia Ridgerunner]

Actually, Jackson told Marshall that he could enforce his own ruling after the Supreme Court ordered the federal government to not remove the Cherokees from North Carolina and Georgia to Oklahoma.

[17th Miss Regt]

The 9th Circuit.

[antisocial]

“The Navy needs to tell them to go to hell.”

The 2005 Republican controlled congress should have broken up the 9th court when it had the chance, but they wanted to play nice with the dims.