Legal Battle Over Sonar: Update

A navy ship tests mid-frequency sonar in Washington's Haro Strait, close to a pod of orca whales.


In an email message sent out by the National Resources Defense Council:

Last night, a federal judge struck down a waiver issued by the
White House that would have exempted the U.S. Navy from obeying
a key environmental law during sonar training exercises that
endanger whales.

In doing so, the court affirmed the bedrock principle that we do
NOT live under an imperial presidency. Both the White House and
the military must obey and uphold our environmental laws.

President Bush's waiver was a last-ditch attempt to let the Navy
unleash an onslaught of military sonar off the coast of southern
California -- home to five endangered species of whales --
without taking precautions to protect marine mammals from a
lethal bombardment of sound.

Last month, the same judge -- U.S. District Judge Florence-Marie
Cooper -- ordered the Navy to put safeguards in place during the
sonar maneuvers in order to protect marine mammals from needless
injury and death. Shortly after that ruling, President Bush
issued his "emergency" waiver, attempting to override the
court's order.

In last night's ruling, Judge Cooper called the Navy's so-called
emergency "a creature of its own making," and reaffirmed that
the military can train effectively without needlessly harming
whales.

The Navy's maneuvers would take place near the Channel Islands
-- one of the world's most sensitive marine environments. The
Navy itself estimates that the booming sonar would harass or
harm marine mammals some 170,000 times -- and cause permanent
injury in more than 400 cases.

The far-reaching precautions imposed on the Navy by Judge Cooper
include a ban on mid-frequency sonar within 12 miles of the
California coast -- a zone that is heavily used by migrating
whales and dolphins -- and between the Channel Islands.

This decision will no doubt be appealed by the Navy and/or White House. If you support protections being in place for marine wildlife (hello chain of life that leads back to us), I urge you to check out the National Resources Defense Council's website and get involved and donate to the legal battle.
NRDC Website

Here's a great segment about our victory from today's "Morning
Edition" on National Public Radio: LINK
Sincerely,

Frances Beinecke
President
Natural Resources Defense Council