StarBulletin.com

Despite ruling, Navy should mitigate harm to marine life


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POSTED: Saturday, November 15, 2008
               

     

 

 

THE ISSUE

        The Supreme Court has sided with the Navy in lifting restrictions on sonar-training exercises.

       

       

A SUPREME Court ruling that national security interests outweigh the potential for harm to whales and other marine mammals could compel the federal court to loosen conditions under which the Navy conducts sonar-training exercises in Hawaii.

With the decision removing some restrictions on sonar training off the California coast, the Navy could operate with more latitude in island waters. But because the Navy has acknowledged that there are risks to ocean wildlife, it should at least maintain measures it has already taken to protect marine life.

Further, the new administration waiting in the wings seems more sympathetic to environmental concerns than the current one and more likely to move toward compromises that ensure the requisite naval training while reducing harm to animals.

The court ruled that the Navy could use mid-frequency active sonar in certain California waters without two restrictions imposed by a lower court, which “;abused its discretion”; in not deferring to the Navy's judgment that its free conduct was essential to national security.

The ruling focused narrowly on lower court reliance on the possible harm to the animals, saying a higher standard of likely damage should have been the basis for protective measures.

The court did not rule on whether the Navy violated the National Environmental Policy Act, which requires an environmental impact statement before conducting the exercises. Nor did it say that the administration could disregard federal laws by citing the needs of the military.

However, the court said that without firm evidence that marine mammals are injured or killed by sonar soundings, the judicial branch should capitulate to the Navy's needs.

“;For the plaintiffs, the most serious possible injury would be harm to an unknown number of the marine animals they study and observe,”; Chief Justice John Roberts wrote in the majority opinion. “;We do not discount the importance of plaintiffs' ecological, scientific and recreational interests in marine mammals,”; Roberts continued. However, national security takes priority over whales and dolphins, he wrote.

In dodging the NEPA issue and whether the Defense Department can set aside federal law, the court leaves room for other challenges. It also casts uncertainty about restrictions in place in Hawaii.