I heard that ...
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."
Our enemies will never figure that one out.
I don’t believe the President can just willy-nilly up and do this. And this President doesn’t do something like this without backing.
I’m guessing that whichever of the myriad of laws protects the various species, also gives the executive the power to exempt for reasons of national defense.
So this particular Clinton stooge won’t have a leg to stand on.
I'd like to know how they proved it was sonar that caused the problem in the first place. Did they run the whale through a CT scanner, then exposed it to sonar and checked it again?
Let Judge Florence send some of her own SEALs to arrest the skipper of the ships and subs.
As with Andrew Jackson, Bush can say, “Yes, your honor, but where is your strength to support your ruling? In the Army I command?” ... words to that affect.
“How many divisions does this judge have?”
No. How many children or grandchildren are in the US Navy?
I thought not.
Keelhaul the judge.
“Keelhaul the judge.”
She would like that. Can she wear latex?
In an alternate world scenario this is like having an injunction against the Army to not use its early warning Radar system on Oahu on sunday mornings in 1941.
I’m all for the Navy because submarines are the most stealthy cost effective means of engaging the enemy by any nation and especially the war against drugs and illegal aliens who are now using simplified home made subs or towed cannisters.
Telling the Navy NOT to use its sonar during these times is treason.
Who is this bimbo Cooper and why is she endangering my life and the lives of my family? So-called “judges” have no business sticking their noses into military business. PERIOD!
Save the Whales - Collect the entire set!
http://www.fjc.gov/servlet/tGetInfo?jid=2845
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
Nope. It IS however and EQUAL branch of Govt with it's own Constitutional Powers and Prerogatives NOT a slave to either the Judiciary or the Congress as you hysterically ignorant Bush haters seem to think.
MNJohnnie. Sweety. Cookie. I didn't put an "irony alert" on my post because I thought it was obvious. Guess not.
I like Bush. That is to say, I like the current President of the United States. I don't like everything about him, but I like most things about him. My post was not meant to criticize him. It was meant to poke fun at the goofball judges who think the paths of the Sun and planets can be varied in accordance with their wishes.
I know. Don’t bother you with little things like fact and reason and the rule of law our how our system of Govt is actually suppose to work! YOU have your emotion based hysteric opinion based on mindless hate and THAT is all that matters as far as you are concerned.
Oooookay. Okay. I'm going to say good-night now. I'll just let myself out. No need to get up.
Don’t use sonar. Switch to Microwaves. I hear fish cook very well in a microwave.
In these waters, temperature inversions cause problems for sonar to track subs. Such conditions exist in few places and it is located near important Navy training bases with their seaports. Not only is the training important for surface ship sub tracking, it is also provides training for sub crews learning how to outsmart surface ship sonars. We must also think about the training with new technology upgrades that continuously needs crews trained on its use.
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