Whales 0, Navy 1: Court Rules In Favor of Lifting Restrictions on Harmful Sonar Use
by Alex Smith, San Francisco, California 
on 11.12.08
Supreme Court Sides with the Navy
Today the Supreme Court lifted restrictions on Navy sonar use, a practice that has been found to disorient and beach whales. The defeat was felt among environmentalists across the States. More below the fold.
The court's ruling was 5-4 in favor of the Navy who justices said needed to conduct realistic exercises to respond to enemy submarines. They noted exercises were only true to life with the use of sonar.
While federal courts in California had put restrictions on sonar use off the state's coast to protect whales, the Bush Administration stated there was no truth to the claim that sonar is harmful to whale populations. Federal courts have cited both scientific studies and Navy statements that the sonar use can cause hearing loss, disorientation and beaching in whales, dolphins and seals.
In the Supreme Court hearing, the majority opinion written by Justice Roberts stated that these federal courts abused their discretionary power and felt Navy operations were more important than marine mammal health. According to the SF Chronicle he also wrote,
The overall public interest tips "strongly in favor of the Navy." The most serious possible injury would be harm to an unknown number of the marine mammals. "In contrast, forcing the Navy to deploy an inadequately trained anti-submarine force jeopardizes the safety of the fleet."
While the dissident judges observed the serious harm sonar may inflict on whales, in the end, the Navy won. Restrictions on sonar use have been lifted.
More on Whales and Sonar Threats:
Can We Prevent Beached Whales?
Acoustic Smog is Killing Whales
Killer Whales in Eden
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Well, here is a nice test for the incoming Obama administration.
By the way, Judge Roberts, I'm the public, and my interest is not being served by your arbitrary decision. The Navy is simply under no threat from hostile submarines, nor is such a threat realistically foreseeable, since we are not about to go to war with any major power that actually has this kind of capacity.
Much, if not most, of the training could be easily simulated. Modern sonar systems are operated through computers, so this would be transparent to the sonar operators.
Awesome and I wonder how the Justices would like a forced 140db Metallica concert blasting into their ears until they drown themselves. Sounds about the same to me.
Really? And the Justices don't thinking decimating large marine species will adversely affect marine ecosystems? Diminishing whale populations won't harm the global fishing industry? Somehow I doubt that. Ecosystems usually end up being more interconnected than we initially suspect.
Yet another backstab by the outgoing administration against any and all environmental regulation. If we were at war with a power capable of fielding submarines this might be acceptable as a temporary but necessary evil. In peace time where computer simulation could do the same g** d*** thing (only better!), it just seems spiteful.
It's also yet another case of the federal government over-ruling state environmental decisions. I live in CA, and we're getting pretty sick of it.
Well i hate to say i agree with this we not being at war with any country right now is not the point. But to be ready when it does happens and it will. I would like to no that this country is Ready to take action on any possible incoming subs that might have a nuke on it. Wake up people we are not liked by most of these other country, and the only way we keeped them in check is by giving them money that we do not have anymore thanks to a failing goverment that saves bad companys.
Well i hate to say i agree with this we not being at war with any country right now is not the point. But to be ready when it does happens and it will. I would like to no that this country is Ready to take action on any possible incoming subs that might have a nuke on it. Wake up people we are not liked by most of these other country, and the only way we keeped them in check is by giving them money that we do not have anymore thanks to a failing goverment that saves bad companys.
Interestingly I read about this on a different new blog, can't remember which one, but they said that at least when the lower courts put on the ban that there were no actual studies done. I have seen this a lot were groups state the scientists agree with them and have proof, very rarely does anyone back that up with the results or actual give a name. I mean I could say that scientists have ran studies on me that point to me producing a small amount of gold in my stool. Now that statement has as much backing as other statements I have heard and read. I am all for placing restrictions so that the military has less impact on the environment but throwing around statements with no support is not the way I would like to see it done.
Actually there have been studies done. If you read the transcript from the hearing, the navy didn't do the environmental impact study that they were supposed to do. Which even the judge says in the transcript that they had more than enough time to do. I don't think we've heard the last of this. The navy still has to come back with an EIS not that I think they're findings will change anything...but as someone posted earlier we need to stop being so short-sighted in our approach to the environment and realize the long term consequences. Has Global Warming and climate change (anyone remember Hurricane Katrina??) taught us nothing????
Another victory for the Bush administration in it's war on the environment.