Supremes heart Navy, hate whales

In a 5-4 split yesterday, the Supreme Court overruled lower-level courts and lifted restrictions on Navy long-range sonar use. The sonar has been shown to cause a number of problems for whaes.

Chief John Roberts said the appellate court ruling didn’t cite any of such problems and otherwise, that the court, and the original district court, abused their discretion. It also appears Roberts and the other four on his side took at face value the Navy’s claim to use such sonar as much as it does. (The original ruling was just to restrict, not ban, such sonar.)

Roberts also ignored the fact that the lower courts pointed out the Navy never bothered to conduct an environmental impact statement. That’s why timber groups were among the folks filing amicus briefs on behalf of the Navy.

Whale vulnerability to sonar reinforced

As the Supreme Court debates whether protect whales from long-range sonar or give the Navy carte blanche, the World Conservation Congress weighs in, weighs in, saying even the sound of a yacht motor can damage a whale’s inner ear.

As far as sonar, it’s the oil industry, not just navies, that are of concern. And, global warming will exacerbate how far sound travels in water.

Read the full story, for more.

SCOTUS to screw over whales

Judging by today's early questioning by Supreme Court justices in the case pitting the life and health of whales against the Navy's use of long-range mid-frquency sonar, it could be hard slogging for whales to hold on to the protections they won at the district and appellate court levels:

"You're asking us (for a decision), who know little about whales and less about the Navy," Justice Stephen Breyer told Los Angeles-based attorney Richard Kendall, who is representing environmental groups.

The question is, as the story notes, how much leeway to grant the Navy as to when and how easily it can sidestep environmental decisions.

The Navy's sonar produces underwater sounds that Kendall said are 2,000 times louder than a jet engine. Some scientists this can cause hearing loss, cranial bleeding, behavioral modifications and mass strandings in whales.

As the story notes, a district court required additional safety measures from the Navy, including stopping sonar use when whales or dolphins were spotted within 2,200 yards and shutting down the sonar under certain other conditions.

But BushCo's Council on Environmental Quality (NOT the Navy, if you'll note) declared the existence of "emergency conditions."

The key is whether or not SCOTUS is ready to swallow that line from the executive again.

BIG win for whales

Navy agrees in federal court, in a settlement, to restrict its use of low-frequency sonar.

Judge limits Navy sonar use off California

After a previous total ban was rejected at the appellate level, U.S. Judge Florence-Marie Cooper, in a rehearing, put limits on Navy sonar use to protect whales. The Navy has said it will review the decision.

Let’s hope their review accepts the judge’s ruling, or negotiates something close to it, with environmental groups. If the Navy really needs more unfettered use, it can get it elsewhere.

Navy still telling whales to go to hell

The Navy says it will invoke state secrets privilege in an environmental lawsuit about how its long-range sonar is damaging whales’ communication, hearing, and perhaps even lives.

If upheld, this would remove certain data that the Natural Resources Defense Council wants from ever being presented in court and would, in essence, gut the lawsuit.

Outside military experts at places like Jane’s Defence Review can probably figure out enough about the long-distance sonar that it’s not really a secret. This is just obstructionism.

Pentagon still telling whales to go to hell

The Navy says it will invoke state secrets privilege in an environmental lawsuit about how its long-range sonar is damaging whales’ communication, hearing, and perhaps even lives.

If upheld, this would remove certain data that the Natural Resources Defense Council wants from ever being presented in court and would, in essence, gut the lawsuit.

Outside military experts at places like Jane’s Defence Review can probably figure out enough about the long-distance sonar that it’s not really a secret. This is just obstructionism.