Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge: Bush can't exempt Navy in sonar
AP on Yahoo ^ | 2/4/08 | Andrew Dalton - ap

Posted on 02/04/2008 5:44:53 PM PST by NormsRevenge

LOS ANGELES - President Bush cannot exempt the Navy from environmental laws banning sonar training that opponents argue harms whales, a federal judge ruled Monday.

Navy officials did not immediately respond to the ruling by U.S. District Judge Florence-Marie Cooper. Mark Matsunaga, spokesman for the Navy's Pacific Fleet, headquartered in Hawaii, said officials needed time to review it before commenting.

The president signed a waiver Jan. 15 exempting the Navy and its anti-submarine warfare exercises from a preliminary injunction creating a 12 nautical-mile no-sonar zone off Southern California. The Navy's attorneys argued in court last week that he was within his legal rights.

The Navy is not "exempted from compliance with the National Environmental Policy Act and this Court's injunction," Cooper wrote in her 36-page decision.

Environmentalists have fought the use of sonar in court, saying it harms whales and other marine mammals.

"It's an excellent decision," said Joel Reynolds, attorney for the National Resources Defense Council, which is spearheading the legal fight. "It reinstates the proper balance between national security and environmental protection."

When he signed the exemption, Bush said complying with the law would "undermine the Navy's ability to conduct realistic training exercises that are necessary to ensure the combat effectiveness of carrier and expeditionary strike groups."

Said Reynolds:

"I've always felt that the president's actions were illegal in this case, and the judge has affirmed that point of view with the decision today."


TOPICS: Extended News; Foreign Affairs; Government
KEYWORDS: bravosierra; bush; exempt; florencemariecooper; greenfifthcolumn; navair; navy; nrdc; pacificfleet; ruling; sonar; usn
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 101-109 next last

1 posted on 02/04/2008 5:44:54 PM PST by NormsRevenge
[ Post Reply | Private Reply | View Replies]

The Judge is a 1999 Clintoon appointee


2 posted on 02/04/2008 5:45:34 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

Enemies within.


3 posted on 02/04/2008 5:46:06 PM PST by Army Air Corps (Four fried chickens and a coke)
[ Post Reply | Private Reply | To 1 | View Replies]

No one is above environmental law, even in a time of war..

What’s that tell ya about the left and their tools?


4 posted on 02/04/2008 5:46:36 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
[ Post Reply | Private Reply | To 2 | View Replies]

To: NormsRevenge

Judge has more power than President. Is this nuts?


5 posted on 02/04/2008 5:46:56 PM PST by Ron in Acreage (Romney/Watts 2008)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

The President needs to respond with just 2 words:

“Watch me.”


6 posted on 02/04/2008 5:47:12 PM PST by exit82 (How do you handle Hillary? You Huma her.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge
"It reinstates the proper balance between national security and environmental protection."

Babbling idiots...

7 posted on 02/04/2008 5:47:22 PM PST by Virginia Ridgerunner (“We must not forget that there is a war on and our troops are in the thick of it!” --Duncan Hunter)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

Let them enforce it.


8 posted on 02/04/2008 5:47:33 PM PST by RangerM (Jesus is the only perfect Christian)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge
Judge: Bush Can't Exempt Navy in Sonar

That's right. The executive branch is a law unto itself. Not even answerable to G-d. In fact, it is G-d.

9 posted on 02/04/2008 5:47:58 PM PST by Steely Tom (Steely's First Law of the Main Stream Media: if it doesn't advance the agenda, it's not news.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

What’s McCain’s position on this? Anyone?


10 posted on 02/04/2008 5:48:03 PM PST by rhombus
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

A judge orders the President how to conduct himself as Commander in Chief of the military. I say order the judge arrested and give him a little lesson on separation of powers.


11 posted on 02/04/2008 5:48:14 PM PST by San Jacinto (John McCain believes in global warming and thinks "Hillary Clinton would be a good President.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge
"It reinstates the proper balance between national security and environmental protection."

When the Red Hordes are at the borders... I'm pushing you first!

12 posted on 02/04/2008 5:48:22 PM PST by John123 ("What good fortune for the governments that the people do not think" -- Adolf Hitler)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

I believe the Constitution gives the president power to make these decisions, as Commander in Chief.


Cooper, Florence-Marie
Born 1940 in Vancouver, British Columbia, Canada

Federal Judicial Service:
Judge, 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


13 posted on 02/04/2008 5:49:05 PM PST by Cicero (Marcus Tullius)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Virginia Ridgerunner

Hope it never happens but if we ever take a strike and this kind of policy-wagging is behind it or aids it in happening, then a few orgs and folks ought to be sent away for a long time.. and I ain’t talking Gitmo..


14 posted on 02/04/2008 5:49:08 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
[ Post Reply | Private Reply | To 7 | View Replies]

To: RangerM
Let them enforce it.

Was that Andrew Jackson who famously said something like that?

15 posted on 02/04/2008 5:49:22 PM PST by Partisan Gunslinger
[ Post Reply | Private Reply | To 8 | View Replies]

To: NormsRevenge

Can the NAVY attack a judge?


16 posted on 02/04/2008 5:49:37 PM PST by bmwcyle (What is the American voter thinking?)
[ Post Reply | Private Reply | To 2 | View Replies]

To: NormsRevenge

If you can’t run a law practice and can prove that you are totally a tool, then they call you your honor. Exactly, who is going to enforce the judges orders?


17 posted on 02/04/2008 5:49:44 PM PST by Steamburg (Your wallet speaks the only language most politicians understand.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge
This injunction will be thrown out promptly on emergency appeal. But this is one more instance of unelected judges presuming to rule America in stead of the elected officials.

Congressman Billybob

Latest article, "Enoch, Anna, and Me"

A Freeper in Congress? Please act now.

18 posted on 02/04/2008 5:50:26 PM PST by Congressman Billybob (www.ArmorforCongress.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

I am not an environmental whacko, but I do wonder. . .the ocean is a pretty big place. Why can’t the Navy avoid those 12 nautical miles? Perhaps there is a compelling reason. I am just wondering.


19 posted on 02/04/2008 5:50:45 PM PST by Marie2 (I used to be disgusted. . .now I try to be amused.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Army Air Corps

http://www.fjc.gov/servlet/tGetInfo?jid=2845

Clintonista of course.


20 posted on 02/04/2008 5:51:28 PM PST by Ron in Acreage (Romney/Watts 2008)
[ Post Reply | Private Reply | To 3 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 101-109 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson