Navy v. dolphins: Supreme Court to hear battle over sonar
- added June 23, 2008
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The Supreme Court will settle a fight that pits Southern California dolphins against the U.S. military.
In a closely watched case involving national security and the natural environment, the court agreed to review restrictions on the Navy's use of sonar off the California coast. The Bush administration contends that the sonar rules, meant to protect marine mammals, hinder military preparedness.
"The chief of naval operations determined ... that those restrictions unacceptably risk naval training, the timely deployment of (naval) strike groups and national security," Acting Solicitor General Gregory Garre said in a legal filing.
The California Coastal Commission and environmental groups worry about sonar's potentially destructive impact in a 120,000-square-nautical-mile training area that extends from Santa Catalina Island in the north to Mexico's Guadalupe Island in the south. A federal judge agreed and imposed the strict rules that the Bush administration now is challenging.
One rule requires the Navy to shut down its sonar when a marine mammal comes within 2,200 yards of a sonar source. Another requires the Navy to reduce sonar power during certain ocean conditions. The active sonar also is banned within 12 miles off the California coast.
"The imposition of these measures is not likely to prevent effective training," the 9th U.S. Circuit Court of Appeals concluded in February, adding that "irreparable harm to marine mammals will almost certainly result should the Navy be permitted to conduct its remaining exercises without appropriate mitigation measures."
The Supreme Court's decision to take up the case, announced Monday, means that at least four justices agreed to review the lower court's decision. That's notably good news for the Bush administration.
The court, dominated by Republican appointees, often defers to the Pentagon's judgment on military matters. The court is also in the habit of overturning the 9th Circuit. The Supreme Court has reversed the 9th Circuit in seven cases and upheld it only once this year, according to statistics compiled by scotusblog.com.
In a closely watched case involving national security and the natural environment, the court agreed to review restrictions on the Navy's use of sonar off the California coast. The Bush administration contends that the sonar rules, meant to protect marine mammals, hinder military preparedness.
"The chief of naval operations determined ... that those restrictions unacceptably risk naval training, the timely deployment of (naval) strike groups and national security," Acting Solicitor General Gregory Garre said in a legal filing.
The California Coastal Commission and environmental groups worry about sonar's potentially destructive impact in a 120,000-square-nautical-mile training area that extends from Santa Catalina Island in the north to Mexico's Guadalupe Island in the south. A federal judge agreed and imposed the strict rules that the Bush administration now is challenging.
One rule requires the Navy to shut down its sonar when a marine mammal comes within 2,200 yards of a sonar source. Another requires the Navy to reduce sonar power during certain ocean conditions. The active sonar also is banned within 12 miles off the California coast.
"The imposition of these measures is not likely to prevent effective training," the 9th U.S. Circuit Court of Appeals concluded in February, adding that "irreparable harm to marine mammals will almost certainly result should the Navy be permitted to conduct its remaining exercises without appropriate mitigation measures."
The Supreme Court's decision to take up the case, announced Monday, means that at least four justices agreed to review the lower court's decision. That's notably good news for the Bush administration.
The court, dominated by Republican appointees, often defers to the Pentagon's judgment on military matters. The court is also in the habit of overturning the 9th Circuit. The Supreme Court has reversed the 9th Circuit in seven cases and upheld it only once this year, according to statistics compiled by scotusblog.com.
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