Aug 7, 2007 12:01 am US/Pacific
Judge Bars Navy From Using Whale-Harming Sonar
LOS ANGELES (CBS) ―
Acting on a request by environmental groups, a federal judge Monday barred the Navy from using a type of sonar said to harm whales during war games scheduled for Southland waters.
The preliminary injunction by U.S. District Judge Florence-Marie Cooper is a win for the Natural Resources Defense Council and other groups, which contend the Navy failed to do sufficient environmental analysis of the effects of the mid-frequency active sonar.
The groups say the sonar, which uses high-intensity bursts of sound that span large distances underwater, can kill and injure whales, leaving them stranded on beaches, as well as causing marine mammals and fish to lose their hearing or abandon their habitat.
The groups said that although similar litigation brought over war games off Hawaii resulted in a settlement last year in which the government agreed to mitigation measures to protect whales, the Navy was now refusing to take steps to mitigate the impact of the sonar during the tests in Southern California waters.
The Navy, meanwhile, argues the tests of the sonar -- three have already taken place, and 11 more were scheduled through 2009 -- are necessary in order to properly train personnel on how to detect quiet submarines.
"The U.S. Navy's use of sonar, and the ability to test and train with it, is critical to the national security of the United States," the government argued in court papers in advance of the hearing.
"The proliferation of quiet diesel submarines during the last decade has created a serious threat to the United States and its allies. ... The expertise required to operate these systems is a perishable skill that must be maintained by regular training, in real-world conditions."
The Navy was planning to complete its environmental analysis of the sonar by the end of the 2009 fiscal year, and in the meantime had "interim protective measures" in place for marine mammals, the papers state.
The plaintiffs' attorneys, meanwhile, argued that the Navy should not be allowed to continue with the tests.
"The Navy's had many chances to do the right thing, and it has not done so," lawyer Gregory Fayer told the judge today.
While noting that the issues on both sides are "tremendously important," Cooper found there is a "near certainty" the sonar tests will cause irreparable harm to the environment without effective mitigation.
The court order will remain in place while a lawsuit filed by the environmental groups is pending.
Navy officials said they will appeal. In addition to appealing the order, the government can ask the 9th U.S. Circuit Court of Appeals to put it on hold until the appeal is resolved.
Capt. Neil May, assistant chief of staff for training and readiness for the Navy's 3rd Fleet, said after the hearing that the effects of the injunction are akin to "defending against one of the most lethal predators partially blinded and deaf."
"Our ability to train to the readiness standards and strengths using a critical tool has been put on the shelf," May said.
NRDC lawyers said they were pleased with the order. "The court's order confirms that, during sonar testing and training, the Navy can and must protect whales and other marine life in the extraordinarily rich waters off our Southern California coast," NRDC attorney Joel Reynolds said.
"The Navy's rejection of common sense protective measures -- even measures requested by the California Coastal Commission -- is illegal, unacceptable and completely unnecessary."
(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
