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."
The Judge is a 1999 Clintoon appointee
Enemies within.
No one is above environmental law, even in a time of war..
What’s that tell ya about the left and their tools?
Judge has more power than President. Is this nuts?
The President needs to respond with just 2 words:
“Watch me.”
Babbling idiots...
Let them enforce it.
That's right. The executive branch is a law unto itself. Not even answerable to G-d. In fact, it is G-d.
What’s McCain’s position on this? Anyone?
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.
When the Red Hordes are at the borders... I'm pushing you first!
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
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..
Was that Andrew Jackson who famously said something like that?
Can the NAVY attack a judge?
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?
Congressman Billybob
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.
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