Posted on 08/31/2007 10:13:36 AM PDT by Sub-Driver
Appeals court OKs Navy use of sonar
By PAUL ELIAS, Associated Press Writer 12 minutes ago
The Navy can use high-power sonar during exercises off the Southern California coast, despite the technology's threat to whales and other marine mammals, a federal appeals court ruled Friday.
National security interests outweigh the possible harm to marine life, a three-judge panel of the 9th U.S. Circuit Court of Appeals determined in overturning a judge's order banning the practice.
"The public does indeed have a very considerable interest in preserving our natural environment and especially relatively scarce whales," Judge Andrew Kleinfeld wrote for the majority. "But it also has an interest in national defense. We are currently engaged in war, in two countries."
Judge Milan Smith Jr. disagreed, writing that he would have kept the ban in place in part because the Natural Resources Defense Council is likely to win its lawsuit to stop the use of sonar.
(Excerpt) Read more at news.yahoo.com ...
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Holy crap! There might still be some intelligence left in this country after all!
This was really from the 9th Circus?
Have they finally tired of being overturned more often than not?
Appointed by: President Bush, 1991
Well, knock me over with a feather! But it was a 2 to 1 decision ... watch for the en banc ruling to snatch defeat from the jaws of victory ... after all, it is the 9th Circus.
Umm.... Which one? The whole 9th Circuit? The judge who read the decision?
???
Wow, a judge who gets it?
It is a much more conservative panel than usual for the 9th. Even the dissenting judge is a W appointee, as is one of the two majority judges. The third, who wrote the opinion, is GHWB’s pick. (Kleinfeld is probably one of the two most conservative judges on the 9th, the other being Jay Bybee.)
The judge who wrote the decision.
“IF” (and that’s a really big IF) there actually were proof this sonar was going to do extensive damage, I would actually agree with those who oppose it. The problem is, these are the same whack-jobs that think man is killing mother Guia. Fruit loops to the max, come one come all...
This decision seems rational. As others have noted, very surprising considering the clowns that preside over the Ninth Circuit Court of Appeals.
Nice to see that ONE court recognizes they have no authority in international waters.
This is a miracle, there is actually two judges in the Ninth Circus that are sane.
Since Al_Blowhard invented the Internet he must be directed to pay FreeRepublic compensation for all ping emissions!
I know that he is Labor Daying underthe impression that he rules the world vis a vis Globust Warming there's a whale of a tale to be be spun, (just ask Kirk Douglass!). 'Course Al_Blowhard could star in the latest remake of "Moby Dickless!"
Yup, the 9th Circus — or at least two of the three judges that heard the case — made a sane ruling! I predict an en banc panel (all judges on the court) will rehear and reverse, though, forcing the case to the Supreme Court...
Holy Crap!!! The 9th Circus made a ruling that makes sense!!???
Pigs must be flying today!!!!
Apparently the 9th circus believes the Navy is using AN/BQS systems in passive modes only.
WOW!
That was the sound of my jaw hitting the keyboard when I saw the decision by the 9th circus.
Hehehehe, should jump over to the dump and see how many dimwits are complaining about the knife in their backs by their role models...
Very surprising, and the comments above echo my own thoughts.
Except for this one;
Its still the most over turned Federal Court in history.
Don’t mean to be a ‘kill joy’ but lets not forget the percentage of decisions this court has rendered that get overturned.
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