because we have to watch out for those iraqi subs

August 31, 2007

*sigh*

just not one piece of good news today

Safety of nation trumps endangered whales, appeals court says

Bob Egelko, Chronicle Staff Writer

Friday, August 31, 2007

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(08-31) 11:45 PDT SAN FRANCISCO - A federal appeals court allowed the Navy today

to resume using underwater sonar blasts in anti-submarine warfare tests off the

Channel Islands in Southern California, saying the nation's military needs

outweigh the safety of endangered whales.

In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco

suspended an April 6 injunction by a federal judge in Los Angeles that ordered

the Navy to halt the sonar experiments during training exercises scheduled

through 2009.

In her ruling, U.S. District Judge Florence-Marie Cooper said the underwater

sound waves could harm nearly 30 species of marine mammals, including five

species of endangered whales.

The Navy had earlier been allowed to conduct sonar tests in the area while

taking steps to protect the whales, such as posting lookouts and reducing sound

levels when whales were present. Navy officials have not proposed those measures

this time.

In today's ruling to lift the injunction while the case continues, Judge Andrew

Kleinfeld said Cooper had failed to consider the national interest in military

preparedness.

" We are currently engaged in war, in two countries, " said Kleinfeld, joined by

Judge Consuelo Callahan. " There are no guarantees extending from 2007 to 2009 or

at any other time against other countries deciding to engage us, or our

determining that it is necessary to engage other countries.

" The safety of the whales must be weighed, and so must the safety of our

warriors. And of our country. "

The court majority said the tests should be allowed to resume because the

government will probably be able to show that sonar can be used safely, with

protective measures similar to what the Navy used earlier.

In dissent, Judge Milan Smith said the nation's environmental laws apply to the

armed forces and require the Navy to conduct a study of the effects of its sonar

tests and adopt protections, steps it has refused to take. He also said the Navy

is conducting similar tests all over the world and would suffer no hardship by

having to delay its Southern California exercises.

" There is no 'national security trump card' that allows the Navy to ignore (the

environmental law) to achieve other objectives, " Smith said.

The opinion is available at www.ca9.uscourts.gov.

E-mail Bob Egelko at begelko.

When I see the price that you pay

I don't wanna grow up

I don't ever want to be that way

I don't wanna grow up

Seems that folks turn into things

that they never want

September 1, 2007

Is there any chance the ruling could be forced to include some

protections? Geesh, it went from some to none.

, fraggle <EBbrewpunx wrote:

>

> *sigh*

> just not one piece of good news today

>

> Safety of nation trumps endangered whales, appeals court says

> Bob Egelko, Chronicle Staff Writer

>

> Friday, August 31, 2007

>

> Printable VersionEmail This Article del.icio.us

> Digg

> Technorati

> Reddit Slashdot

> Fark

> Newsvine

> Google Bookmarks

> (2) Georgia (default)

> Verdana

> Times New Roman

> Arial

> (08-31) 11:45 PDT SAN FRANCISCO - A federal appeals court allowed

the Navy today to resume using underwater sonar blasts in anti-

submarine warfare tests off the Channel Islands in Southern

California, saying the nation's military needs outweigh the safety of

endangered whales.

>

> In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San

Francisco suspended an April 6 injunction by a federal judge in Los

Angeles that ordered the Navy to halt the sonar experiments during

training exercises scheduled through 2009.

>

> In her ruling, U.S. District Judge Florence-Marie Cooper said the

underwater sound waves could harm nearly 30 species of marine

mammals, including five species of endangered whales.

>

> The Navy had earlier been allowed to conduct sonar tests in the

area while taking steps to protect the whales, such as posting

lookouts and reducing sound levels when whales were present. Navy

officials have not proposed those measures this time.

>

> In today's ruling to lift the injunction while the case continues,

Judge Andrew Kleinfeld said Cooper had failed to consider the

national interest in military preparedness.

>

> " We are currently engaged in war, in two countries, " said

Kleinfeld, joined by Judge Consuelo Callahan. " There are no

guarantees extending from 2007 to 2009 or at any other time against

other countries deciding to engage us, or our determining that it is

necessary to engage other countries.

>

> " The safety of the whales must be weighed, and so must the safety

of our warriors. And of our country. "

>

> The court majority said the tests should be allowed to resume

because the government will probably be able to show that sonar can

be used safely, with protective measures similar to what the Navy

used earlier.

>

> In dissent, Judge Milan Smith said the nation's environmental laws

apply to the armed forces and require the Navy to conduct a study of

the effects of its sonar tests and adopt protections, steps it has

refused to take. He also said the Navy is conducting similar tests

all over the world and would suffer no hardship by having to delay

its Southern California exercises.

>

> " There is no 'national security trump card' that allows the Navy to

ignore (the environmental law) to achieve other objectives, " Smith

said.

>

> The opinion is available at www.ca9.uscourts.gov.

>

> E-mail Bob Egelko at begelko

>

> When I see the price that you pay

> I don't wanna grow up

> I don't ever want to be that way

> I don't wanna grow up

> Seems that folks turn into things

> that they never want

>

September 4, 2007

i think the only hopw is for another injunction, but i'm not holding my breathe

tofuchick24 Aug 31, 2007 6:30 PM Re: because we have to watch out for those iraqi subs

Is there any chance the ruling could be forced to include some protections? Geesh, it went from some to none. , fraggle <EBbrewpunx wrote:>> *sigh*> just not one piece of good news today> > > Safety of nation trumps endangered whales, appeals court says> Bob Egelko, Chronicle Staff Writer> > Friday, August 31, 2007> > Printable VersionEmail This Article del.icio.us> Digg> Technorati> Reddit Slashdot> Fark> Newsvine> Google Bookmarks > (2) Georgia (default)> Verdana> Times New Roman> Arial> (08-31) 11:45 PDT SAN FRANCISCO - A federal appeals court allowed the Navy today to resume using underwater sonar blasts in anti-submarine warfare tests off the Channel Islands in Southern California, saying the nation's military needs outweigh the safety of endangered whales.> > In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco suspended an April 6 injunction by a federal judge in Los Angeles that ordered the Navy to halt the sonar experiments during training exercises scheduled through 2009.> > In her ruling, U.S. District Judge Florence-Marie Cooper said the underwater sound waves could harm nearly 30 species of marine mammals, including five species of endangered whales. > > The Navy had earlier been allowed to conduct sonar tests in the area while taking steps to protect the whales, such as posting lookouts and reducing sound levels when whales were present. Navy officials have not proposed those measures this time.> > In today's ruling to lift the injunction while the case continues, Judge Andrew Kleinfeld said Cooper had failed to consider the national interest in military preparedness.> > "We are currently engaged in war, in two countries," said Kleinfeld, joined by Judge Consuelo Callahan. "There are no guarantees extending from 2007 to 2009 or at any other time against other countries deciding to engage us, or our determining that it is necessary to engage other countries.> > "The safety of the whales must be weighed, and so must the safety of our warriors. And of our country."> > The court majority said the tests should be allowed to resume because the government will probably be able to show that sonar can be used safely, with protective measures similar to what the Navy used earlier.> > In dissent, Judge Milan Smith said the nation's environmental laws apply to the armed forces and require the Navy to conduct a study of the effects of its sonar tests and adopt protections, steps it has refused to take. He also said the Navy is conducting similar tests all over the world and would suffer no hardship by having to delay its Southern California exercises.> > "There is no 'national security trump card' that allows the Navy to ignore (the environmental law) to achieve other objectives," Smith said.> > The opinion is available at www.ca9.uscourts.gov.> > > E-mail Bob Egelko at begelko > > > When I see the price that you pay> I don't wanna grow up> I don't ever want to be that way> I don't wanna grow up> Seems that folks turn into things> that they never want>

When I see the price that you pay

I don't wanna grow up

I don't ever want to be that way

I don't wanna grow up

Seems that folks turn into things

that they never want