Posted on 01/05/2008 12:31:05 AM PST by neverdem
SAN FRANCISCO — A federal judge has ordered the Navy to adopt stringent new safeguards intended to improve protection of whales and dolphins during its sonar training exercises off Southern California.
The ruling, issued Thursday by Judge Florence-Marie Cooper of the United States District Court for the Central District of California, orders the Navy to limit its use of medium-range sonar to an area beyond 12 nautical miles from shore. Closer to the shore, marine mammals have exhibited frenzied and disoriented behavior during the emissions of sonar blasts as part of the Navy’s practice missions.
Judge Cooper’s order also outlined safeguards, which include a monitoring session one hour before a military exercise to detect the presence of marine mammals, the use of trained aerial lookouts throughout exercises and a mandatory sonar shutdown when mammals are spotted within 2,200 yards of training maneuvers.
The ruling stems from a long-running legal battle between environmental groups, led by the Natural Resources Defense Council, and the Navy, which has argued that mid-frequency sonar is vital to the training of submarine seamen and other crews who now face a new generation of quiet submarines that cannot be detected by traditional passive sonar waves.
A spokesman at the Pentagon said Friday that the Navy was reviewing the judge’s ruling to determine its next move, which could include an appeal to the United States Court of Appeals for the Ninth Circuit.
“Despite the care the court took in crafting its order,” said the spokesman, Cmdr. Jeff Davis of the Navy, “we do not believe it struck the right balance between national security and environmental concerns.”
The Navy, Commander Davis said, remains especially concerned over the larger safety buffer zone now offered to protect marine mammals. Additionally, he said, Navy experts worry that some restrictions may make it...
(Excerpt) Read more at nytimes.com ...
Now as I recall, that is an independent branch of Government. So as I see it, the Fed court here has definitely over reached from a Constitutional standpoint...
As one famous President once said... Now let them enforce their ruling...
How many nuclear subs does the Supreme Court have?
If the Navy is three miles from the US shore....the US courts have no jurisdiction anyway.
Should have known liberal SF would value the rights of whales and dolphins over the rights of US citizens. Let the Navy conduct training the way they are supposed to.
Whats next....the courts stopping the US Army from FTX exercises....out of fear they may pollute
If this barking moonbat judge thinks that sonar pings are damaging the sea life, they she’s gonna hate it when they start using whales as practice targets. /s
There are third world dictators who don’t assume as much power as some of these activist judges.
According to the environmentalists it’s better to save a whale than to be able to see a Chinese submarine.
Tow that liberal SOB behind an LA Class sub and let him send morse code on a kazoo when he sees any wildlife in danger.
I am shocked, shocked.
This is why Hillary MUST be stopped.
Yeah...sure...right...no problem, judge...absolutely.
Classic case of "The Law" being an ASS.
Maybe she has been already, although God knows who Obama would nominate!
Yeah! The hell with the courts! Let’s let the military run the entire country!!! (/sarcasm to idiot)
If you think that we should be relying upon training exercises to discover Chinese submarines, or can't train in other areas, etc., then I respectfully suggest you're off-base.
This is BS
Step away from the screen and put down whatever you are taking.
The courts cannot run the military, you nut.
The courts, even if you do not like it do not run the entire country.
There's this little thing enshrined in the Constitution called the Separation of Powers and thats the way that it is in America.
You’re correct. The courts can run the military and the military cannot run the country. Neither should have power over the other.
How about putting Flo on trial by a military tribunal for interfering with national defense?
Appropriate Navy response:
“Sorry ma’am, I don’t recall any black-robed *ssh*l*s in my chain of command.”
Wow, for a minute there I thought they meant protect Marines against Bu!!sh^t charges during a time of war....my mistake
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