Navy Sonar Restrictions Back in Place
LOS ANGELES--A federal judge has rejected efforts by President Bush to bypass court-ordered restrictions on the Navy's use of sonar.
U.S. District Judge Florence-Marie Cooper had previously imposed conditions on sonar use during Navy training exercises in California. The conditions were designed to protect whales and other marine mammals under two federal environmental laws.
In January, the president and his Council on Environmental Quality issued waivers designed to allow the training to go forward without the court's restrictions. The judge temporarily lifted the restrictions until she could hear arguments from both sides, and the exercises resumed.
In her ruling Monday, Cooper said she has "significant concerns about the constitutionality" of the president's action, but she was able to rule without raising the constitutional issues.
"In this order," she wrote, "the court concludes that its preliminary injunction is not affected by the Council on Environmental Quality's approval of emergency alternative arrangements because there is no emergency."
Finding no emergency, Cooper ruled again that the Navy was in violation of the National Environmental Policy Act and re-imposed the previous injunction with its restrictions. She contends her conditions balance the Navy's needs regarding national security with legal protections for natural resources, including marine mammals.
It has been shown that whales can be injured by the mid-frequency sonar used by Navy vessels when certain conditions come into play. Navy officials contend they have taken steps to avoid injury to marine mammals, but Cooper said the Navy did not go far enough.
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Navy Sonar Restrictions Back in Place
