Navy, Environmentalists Battle Over Whales

AP ^ | 7/4/6 | AUDREY McAVOY

[SmithL]

HONOLULU -- While the Navy was staging war games and hunting down "enemy" submarines with sonar off the island of Kauai two summers ago, more than 150 lost and disoriented whales were swimming chaotically in the shallows of Hanalei Bay.

That mass stranding was a scene neither the Navy nor environmentalists want to see repeated as 40 ships from eight countries return to the islands this month for the world's largest international maritime war games.

But the two sides agree on little else, including whether sonar was to blame for that incident.

The continuing dispute highlights a deep divide over how to best protect marine mammals while safeguarding the nation's defenses.

This week, environmentalists won a temporary restraining order to stop the Navy from using a high-intensity sonar during this year's Rim of the Pacific 2006 exercise, which had scheduled sonar use to start Thursday.

The federal judge's order Monday came just days after the Defense Department granted the Navy a six-month exemption from certain federal laws protecting marine species to allow use of the "mid-frequency active sonar." Environmentalists had argued that the exemption was aimed at circumventing their lawsuit.

The Navy's failure to take a "hard look" at the environmental impact of war games was an "arbitrary and capricious" violation of the National Environmental Policy Act, U.S. District Judge Florence-Marie Cooper wrote in granting the restraining order.

Cooper ordered the two sides to meet to discuss mitigation measures in an effort to avoid further litigation. She also scheduled a hearing for July 18 on whether to replace the temporary restraining order with a preliminary injunction.

Government lawyers were reviewing the ruling and the Navy will probably respond soon, said Jon Yoshishige, a spokesman for the U.S. Pacific Fleet in Hawaii.

[SmithL]

Cooper, Florence-Marie

Born 1940 in Vancouver, British Columbia, Canada

Federal Judicial Service:
U. S. District Court, Central District of California
Nominated by William J. Clinton on July 14, 1999, to a seat vacated by Linda H. McLaughlin; Confirmed by the Senate on November 10, 1999, and received commission on November 15, 1999.

Education:
City College of San Francisco, 1971

Whittier College School fo Law, J.D., 1975

Professional Career:
Law clerk, Hon. Arthur Alarcon, appellate department, Los Angeles Superior Court, 1975-1977
Deputy city attorney, Los Angeles, CA, 1977
Senior research attorney, Hon. Arthur Alarcon, Second Appellate District, California Court of Appeal, 1978-1980
Senior research attorney, Hon. Woods, Second Appellate District, California Court of Appeal, 1980-1983
Adjunct professor, San Fernando Valley College School of Law, 1980-1985
Court commissioner, Los Angeles Superior Court, CA, 1983-1990
Judge, Los Angeles Municipal Court, CA, 1990-1991
Judge, Los Angeles Superior Court, CA, 1991-1999

Race or Ethnicity: White

Gender: Female

[Jeff Head]

The very idea of this is ludicrous. We must trane in order to prevail in war. Sonar in its various forms is vital to our submarine force's ability to prevail in war over our enemies.

[BenLurkin]

The solution is simple.

Kill all the whales now.

Then they won't be bothered by the Navy and it can go about our business defending America.

[Jack Hammer]

"...more than 150 lost and disoriented whales were swimming chaotically in the shallows of Hanalei Bay."

Apparently, there are some who believe it's better for Uncle Sam to swim lost and disoriented through the shallows (and deeps) of the conflicts, hot and cold, of the new century than that a few whales might become disoriented by the (highly speculative) effects of sonar.

[capt. norm]

"...more than 150 lost and disoriented whales were swimming chaotically in the shallows of Hanalei Bay."

That's because they smoke a lot of "sea weed".

They never mention the countless times they have had these whale beachings when no sonar exercizes were taking place.

[GnL]

How does a Canadian with those lame credentials get off telling the Navy what it can and can't do? Just shows the "quality" that Slick Willie nominated to the bench.