National security, 1; whales, 0

Michelle Malkin ^ | M. Malkin

[Historix]

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.

[Historix]

Lol, the lefties will be screaming bloody murder on DU and Kos.

[Mikey_1962]

What do you think tastes better whale or dolphin?

[Historix]

whale fillet wrapped in dolphin of course.

[AuntB]

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.”

This came out of the ninth circus??? Wow. Perhaps hell has frozen over.

[wastedyears]

Our security should trump the whales every time.

[AntiKev]

You forgot the bacon! How could you forget the bacon! What are they teaching you kids in school these days?

[denydenydeny]

“The safety of the whales must be weighed, and so must the safety of our warriors. And of our country.”

The...the...Ninth Circuit said this? *stunned*

[wastedyears]

DU’s forum is crap.

[InABunkerUnderSF]

Note, they still said that the safety of the whales must be considered. Show me where in our constitution that it says the role of our military is to defend wildlife. These clowns haven’t changed their stripes, they’re just trying to frame the issue. Fifty years from now, if the US is still around, some lawyer will be siting this ruling as proof that the navy has a role in environmental defense.

[digger48]

Profile of Judge Andrew J. Kleinfeld
Court: United States Court of Appeals for the Ninth Circuit

Appointed by: President Bush, 1991

Born: June 12, 1945 in New York, New York

Education: BA, Wesleyan 1966; JD, Harvard 1969

Law Practice: Private practice in Fairbanks, Alaska (1971-86)

Judicial Appointments: United States Magistrate, part-time (1970-73); United States District Court for the District of Alaska (1986-91); Ninth Circuit (1991-present)

[CE2949BB]

[Free Vulcan]

pigs...there are pigs flying past my window.

[skinkinthegrass]

You forgot the bacon! How could you forget the bacon!

LOL! :D
Ahhh, Yes....(Thick/Smoked) Bacon, the honorary vegetable.

[stevem]

Of course, the lefties are idiots, but what else is new? I was a sonar tech in my navy days, back shortly after asdic was invented. Nevertheless, we had the 23 sonar which allowed us to experiment with LORAN, and the 26 was in its infancy.

The thing of it is is, we had some right powerful equipment. Now, I was on a destroyer of the Forest Sherman class that was frammed. Our sonar was active from the announcement, "Under weigh!" until we heard those immortal words, "Now secure the sea and anchor detail!"

It says right here that dolphins, and dolphin fish, and whales of every shape, size and persuasion used to follow our ship hither and yon as long as our captain allowed us to sail at speeds they could accommodate. There isn't any way for me to believe those creatures would have followed us about if our sonar was hurting them.

Now, I can't speak for the whales, but maybe they liked it just a bit, and if they unloosed our lads with the sonar, maybe just maybe the oceans and seas with teem with whales the likes of which mankind has never seen up to now.

[hsalaw]

“The safety of the whales must be weighed, and so must the safety of our warriors. And of our country.”

Wow. Someone on the 9th Circus referred to our military as "our warriers"? And used the phrase "our country"? He's going to be hounded out of the 9th Circus lunchroom for this.

[gcruse]

Why isn’t a court issuing orders to the military a violation of separation of powers?

[tdscpa]

Ninth District held in favor of the military? Unbelievable! It is the end of the world as we know it. May have to place a bet that the sun will not come up tomorrow.