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Court upholds whale protection in Navy exercises {9th Circus}
San Francisco Chronicle ^ | 3/1/8 | Bob Egelko

Posted on 03/01/2008 10:15:58 PM PST by SmithL

A federal appeals court has ruled that the Navy must protect endangered whales from the potentially lethal effects of underwater sonar during anti-submarine training off the Southern California coast, rejecting President Bush's attempt to exempt the exercises from environmental laws.

In a Friday night ruling rushed into print ahead of the next scheduled exercise on Monday, the Ninth U.S. Circuit Court of Appeals in San Francisco upheld a federal judge's decision that no emergency existed that would justify Bush's intervention.

The Navy is engaged in "long-planned, routine training exercises" and has had ample time to take the steps that the law requires - conduct a thorough review of the environmental consequences and propose effective measures to minimize the harm to whales and other marine mammals, the three-judge panel said.

The court noted that the Navy has been conducting similar exercises for years, has agreed in the past to restrictions like the ones it is now challenging, and was sued by environmental groups in the current case nearly a year ago. The lower-court judge reviewed the evidence and found nothing to support the Navy's claim that the protective measures would interfere with vital training or hamper national security, the court said.

Past rulings have established that "there is no 'national defense exception' " to the National Environmental Policy Act, the court said. That law requires government agencies to review projects that might harm the environment and propose reasonable protective measures.

Nonetheless, the panel allowed naval commanders to modify two of the restrictions if they arose during a "critical point in the exercise," when certain levels of sonar are needed for effective training. The modifications reduce the protective zones within which vessels must reduce or shut down sonar when whales are detected.

(Excerpt) Read more at sfgate.com ...


TOPICS: Front Page News; Government
KEYWORDS: 9thcircus; nationalsecurity; sonar; usn

1 posted on 03/01/2008 10:15:59 PM PST by SmithL
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To: SmithL

Perhaps our Armed Forces could opt out if asked to protect the Bay Area? The Bay Area has not been supportive of our Military for a long time.


2 posted on 03/01/2008 10:23:21 PM PST by originalbuckeye
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To: SmithL

The problem is, IF we are protecting them already, we are doing it in ways we can’t tell the court.


3 posted on 03/01/2008 10:27:48 PM PST by CharlesWayneCT
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To: SmithL

Great, whales are safe but America is not. Sarc Were screwed.


4 posted on 03/01/2008 10:32:46 PM PST by Siberian-psycho (An oppressed class which did not try to possess arms, would deserve to be treated as slaves." Lenin)
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To: SmithL
Whales are vital to our future! Did’nt you people see Star Trek IV for crying out loud!
5 posted on 03/01/2008 10:45:10 PM PST by BigCinBigD (")
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To: SmithL

Toss the whales ear plugs. That should take care of it.


6 posted on 03/01/2008 10:48:32 PM PST by taxesareforever (Never forget Matt Maupin)
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To: SmithL

Isn’t San Fran one of the only cities to have been attacked by a sub?


7 posted on 03/01/2008 10:51:40 PM PST by Keith Brown (Among the other evils being unarmed brings you, it causes you to be despised Machiavelli.)
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To: SmithL

The Navy should do it anyway.

How are the pukers going to know?


8 posted on 03/01/2008 10:52:19 PM PST by Keith Brown (Among the other evils being unarmed brings you, it causes you to be despised Machiavelli.)
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To: SmithL
The court made their ruling. Now let them enforce it.

-PJ

9 posted on 03/01/2008 11:00:44 PM PST by Political Junkie Too (Repeal the 17th amendment -- it's the "Fairness Doctrine" for Congress!)
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To: SmithL

Somebody please show me the part in the Constitution that says gives the judiciary the authority to give orders to the armed forces?


10 posted on 03/01/2008 11:11:44 PM PST by InABunkerUnderSF ("Gun Control" is not about the guns. "Illegal Immigration" is not about the immigration)
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To: InABunkerUnderSF

Just what in the hell is happening out there!? I was stationed in Alameda back in the early 80’s and can remember crossing the Bay for Fleet Week in San Francisco. I remember how many families brought their kids and how proud I was to be doing what I did. There seemed to be a genuine respect for the sacrifices we made. Now they don’t want us to even dock. Something has gone terribly wrong.

As for the 9th Circus, ignore them.


11 posted on 03/02/2008 3:49:54 AM PST by RU88
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To: RU88

Six and a half million people in the Bay Area, 15% are conservative - mostly hard core conservatives. That’s a population of about a million conservatives.

The crowds for fleet week are still huge, 200,000 last year if memory serves. But there is no more naval presence on San Francisco Bay. All the naval bases are shut down. Alameda is a preserve for something called a clapper rail. Mare Island, Port Chicago, are closed down. Moffett field is now NASA only.

Last year the city government actually tried to stop the Blue Angels from flying. God alone knows why the Navy did just tell them to go amuse themselves in the manner they fined most pleasurable.


12 posted on 03/02/2008 4:14:33 AM PST by InABunkerUnderSF ("Gun Control" is not about the guns. "Illegal Immigration" is not about the immigration)
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To: SmithL
Past rulings have established that "there is no 'national defense exception' " to the National Environmental Policy Act, the court said.

So if a war breaks, our Armed Forces can't explode any bombs unless they do a field studies on how much the flora and fauna at the "BOOM" point will get impacted? MORONS!

13 posted on 03/02/2008 4:33:44 AM PST by AmericaUnited
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To: SmithL
I can foresee the rules of engagement being modified to require an environmental impact statement.
14 posted on 03/02/2008 4:39:58 AM PST by Vet_6780 ("I see debt people")
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To: SmithL
break up that 9th Circuit ... it covers too much territory and makes tooooooo many loony decisions which have little or no foundation in fact or law

.

15 posted on 03/02/2008 1:58:51 PM PST by Elle Bee
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