Team Infidel
Forum Spin Doctor
New York Times
January 5, 2008 By Carolyn Marshall
SAN FRANCISCO — A federal judge has ordered the Navy to adopt stringent new safeguards intended to improve protection of whales and dolphins during its sonar training exercises off Southern California.
The ruling, issued Thursday by Judge Florence-Marie Cooper of the United States District Court for the Central District of California, orders the Navy to limit its use of medium-range sonar to an area beyond 12 nautical miles from shore. Closer to the shore, marine mammals have exhibited frenzied and disoriented behavior during the emissions of sonar blasts as part of the Navy’s practice missions.
Judge Cooper’s order also outlined safeguards, which include a monitoring session one hour before a military exercise to detect the presence of marine mammals, the use of trained aerial lookouts throughout exercises and a mandatory sonar shutdown when mammals are spotted within 2,200 yards of training maneuvers.
The ruling stems from a long-running legal battle between environmental groups, led by the Natural Resources Defense Council, and the Navy, which has argued that mid-frequency sonar is vital to the training of submarine seamen and other crews who now face a new generation of quiet submarines that cannot be detected by traditional passive sonar waves.
A spokesman at the Pentagon said Friday that the Navy was reviewing the judge’s ruling to determine its next move, which could include an appeal to the United States Court of Appeals for the Ninth Circuit.
“Despite the care the court took in crafting its order,” said the spokesman, Cmdr. Jeff Davis of the Navy, “we do not believe it struck the right balance between national security and environmental concerns.”
The Navy, Commander Davis said, remains especially concerned over the larger safety buffer zone now offered to protect marine mammals. Additionally, he said, Navy experts worry that some restrictions may make it difficult to adequately train submarine crews in certain underwater warfare techniques.
A senior lawyer with the Natural Resources Defense Council, Joel Reynolds, said the order established a precedent for court cases in other jurisdictions, although it applied only to a specific set of military exercises used in Southern California.
“Although the court’s order recognizes the Navy’s need to train with sonar for our national defense,” Mr. Reynolds said, “this is the most significant environmental mitigation that a federal court has ever ordered the U.S. Navy to adopt in its training with mid-frequency sonar.”
January 5, 2008 By Carolyn Marshall
SAN FRANCISCO — A federal judge has ordered the Navy to adopt stringent new safeguards intended to improve protection of whales and dolphins during its sonar training exercises off Southern California.
The ruling, issued Thursday by Judge Florence-Marie Cooper of the United States District Court for the Central District of California, orders the Navy to limit its use of medium-range sonar to an area beyond 12 nautical miles from shore. Closer to the shore, marine mammals have exhibited frenzied and disoriented behavior during the emissions of sonar blasts as part of the Navy’s practice missions.
Judge Cooper’s order also outlined safeguards, which include a monitoring session one hour before a military exercise to detect the presence of marine mammals, the use of trained aerial lookouts throughout exercises and a mandatory sonar shutdown when mammals are spotted within 2,200 yards of training maneuvers.
The ruling stems from a long-running legal battle between environmental groups, led by the Natural Resources Defense Council, and the Navy, which has argued that mid-frequency sonar is vital to the training of submarine seamen and other crews who now face a new generation of quiet submarines that cannot be detected by traditional passive sonar waves.
A spokesman at the Pentagon said Friday that the Navy was reviewing the judge’s ruling to determine its next move, which could include an appeal to the United States Court of Appeals for the Ninth Circuit.
“Despite the care the court took in crafting its order,” said the spokesman, Cmdr. Jeff Davis of the Navy, “we do not believe it struck the right balance between national security and environmental concerns.”
The Navy, Commander Davis said, remains especially concerned over the larger safety buffer zone now offered to protect marine mammals. Additionally, he said, Navy experts worry that some restrictions may make it difficult to adequately train submarine crews in certain underwater warfare techniques.
A senior lawyer with the Natural Resources Defense Council, Joel Reynolds, said the order established a precedent for court cases in other jurisdictions, although it applied only to a specific set of military exercises used in Southern California.
“Although the court’s order recognizes the Navy’s need to train with sonar for our national defense,” Mr. Reynolds said, “this is the most significant environmental mitigation that a federal court has ever ordered the U.S. Navy to adopt in its training with mid-frequency sonar.”