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TechnoratiWhite House Exempts Navy From Sonar Ban, Angering Environmental Groups
SAN FRANCISCO - The Bush administration jumped into a long-running legal fray in California on Tuesday, exempting the Navy from a law that environmental groups have used to prevent the use of a type of powerful sonar that is believed to harm
whales.
The waiver exempts the Navy from the Coastal Zone Management Act, which allows states a voice in federal activities along their shores. The law had been cited in early January by a federal district judge who issued an injunction against the Navy, stopping it from using the midfrequency sonar in exercises off the Southern Californian coast because of concerns about its effect on certain species of whales.
But on Tuesday, the White House announced that such sonar exercises, used to track enemy submarines, were "essential to national security."
Compliance with the law, the memorandum concluded, "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."
The exemption sent Navy lawyers to the federal appellate court in San Francisco on Tuesday to seek an emergency stay of the district court injunction. Environmental lawyers were also scrambling to respond to the White House action, which they said was unprecedented.
Late Wednesday, in the latest volley in the legal battle, the United States Court of Appeals for the Ninth Circuit sent the case back to the district court.
That action brought some relief to environmentalists, who have found a sympathetic ear at that level before. But it did little to ease the anger at the White House's actions.
"It is extreme and it's disappointing, but it's not unexpected because the political leadership at the head of the Navy and indeed at the White House is not friendly to the environment, and that's no secret," said Joel Reynolds, a senior lawyer and head of marine mammal protection for the Natural Resources Defense Council, which has led the legal fight against the sonar's use.
Tony Fratto, a White House spokesman, said that the action was "in full compliance with the law and contains stringent and effective requirements by the Navy to avoid potential harm to whales."
The White House decision also brought a sharp rebuke from California officials and politicians, including Senator Barbara Boxer, chairwoman of the Senate Committee on Environment and Public Works. "This Bush administration action will send this case right back into court, where more taxpayer dollars will be wasted defending a misguided decision," Ms. Boxer, a Democrat, said in a statement.
The sonar in question generates underwater sound using extreme pressure, something marine biologists say can disorient and injure animals, resulting in bleeding, disruption of mating and feeding, and in some cases, death.
But the Navy says that the sonar is necessary to track a new breed of more silent-running submarines, and that its mitigation methods are enough to protect animals from the sonic wake.
The Navy hailed Tuesday's developments, saying that the waters off Southern California were particularly well-suited for war games, both because of the water's depth and its nearness to airfields and other military infrastructure.
Copyright 2008 The New York Times Company
29 Comments so far
Show AllWe have satellites that track enemies. Can't that be enough? Surely, this President has no respect for any kind of life except war and destruction. First he blows up frogs, and then escalates his frenzy now to whales. Sounds like the destiny of a person intent on destroying everything that liberal democrats and environmentalists have worked years for conservation. Disgusting.
I think of Da Vinci's diagram of a submarine and his desire to keep it unpublished for fear that people would assassinate each other at the bottom of the sea.
Anyway Bush sucks.
"St. John" wrote: "Is assassination off the table? I believe Pat Robertson proposed it for Hugo Chavez, so it must be a Christian solution for a hated enemy."
That's why many Christians consider Pat Robertson's version of "Christianity" bogus and bankrupt.
Authentic Christianity is incompatible with (a) hating anyone (b) murdering anyone (c) seeking vengeance
I was actually happy when I had read that a California judge put the ban on sonar, although how to enforce such a ruling was questionable. Now the decider rules for war games. California wants higher emission controls on vehicles and that's been a battle too. When is California going to decide for itself that it has had enough and secede?
I guess 'some many' think we need "military games" wasting, also, lots of petrol (and methodologies/technology that are similar, re: floating drilling-rigs -- to produce yet-more of that petrol and harmed-whales) a whole LOT more than we need to see any stupid-whales from our 'Shore-to-Shining-Shore'. [Besides, this way we get to see the critters up-close, and Rotting on those same-Shores...perhaps a fine opportunity for our schoolchildren to learn vivisection/anatomy with petrol-driven chainsaws -- rather than scalpels on our few remaining-Froggies?]
"Beam them up, Scottie!"
Not that it would help the whales, but the Navy could just move the training exercises to a differnet location and be in compliance with the judge's decision. It seems that the Navy is just very antisocial. The navy and george bush are stuck in what most parents would describe as the "terrible twos".
The New York Times failed to clarify that the White House has any authority to exempt the Navy from the law. The White House spokesman blatantly lied in claiming that the "exemption" leaves the Navy "in full compliance with the law". Sonar training with computer simulators is highly effective - no real world war games are necessary.
While the Navy claims its "mitigation methods are enough to protect animals from the sonic wake" these appear to be exactly what the White House is trying to squash. These include keeping war games 12 miles from shore and calling them off when marine animals are spotted. The White House intends for the 12 mile coastal zone to be the domain of warships and not marine mammals. You will have to go to Mexico to see them.
Is assassination off the table? I believe Pat Robertson proposed it for Hugo Chavez, so it must be a Christian solution for a hated enemy. I wonder if this post will be monitored by the idiots who are illegally monitoring our cyberspace traffic.
Of course, I'm not serious. I don't even possess a WMD, and wouldn't know how to use it, anyway. I was trained in the U.S. Army, so you know how competent I am with military hardware.
peace,
st john
What place in hell must be reserved for those responsible for blasting whale eardrums to a bloody pulp, or permitting / enabling this practice? I'd venture to guess that the punishment will be to suffer that same fate, but eternally. Not that God wants to punish anyone, but those who do this must really be haters of the Creator, who wouldn't want to be in HIS area of the next life.
Wake up Yankees! If he can exempt the Navy he can exempt himself from all laws - so goes the rule of law. You are about to become the first slaves on the prison planet. Can't blame you as you did not elect him and won't get to choose the next president -it has already been decided for you. Is Canada better - I fear not- just less obvious.
BTW jungleboy the objection here is to HIGH Powered sonar. The city off cuba was found with low powered sidescan sonar used by a Canadian company hired by the Cuban Government.
What do our hopefuls have to say about this? Will you hear a peep?
This sonar really sounds interesting to me if it didn't kill whales or any thing it would be really cool. The Navy has discovered all sorts of ancient civilizations around Cuba and other weird under water sites that have never been able to be found otherwise. I wish it wasn't so harmful, its a tool for scientific learning, like nuclear energy, too dangerous to really be helpful.
Note to Bu$h the inferior - Stop. You have the worst president thing won hands down. Running up the score is bad form.
The Navy is, of course, full of it. The reporter may not be smart enough to catch on, but sonar doesn't work by detecting the sound of the other ship or sub; the sonar sends out its own sound wave, and waits for it to reflect back. So the "new breed of more silent-running submarines" may make less noise, but that doesn't mean they're any less visible to sonar. If that's the best reason they have for using this noise pollution, it probably means they don't need it in the first place, but are fighting on principle.
Just add this to the long list of torture crimes at the behest of the chimp.
Personally, I've written off all aquatic life since the acidity of the oceans is killing off the food chain.... a direct consequence of the monkey's "no dirty smokestack left behind" policies.
What an abortion is bush.
We all know that Bush is the most vile leader the so called free world has produced, We all know that he should have been brought down a long time ago and continues to wreak havoc with anything he can touch with his lizard-like brain.
How is it that Pelosi is not being singled out by you people who have some negative thoughts-understating it- about this murderous team in the White House? I think from the sound of it many come from California? I t would do my heart good to fight against that woman's re-election!
I think the entire congress has to be swept from power with some notable exceptions. It is not only a new president that America needs but also a parliamentary system to replace this so-called democracy. I will keep dreaming about that because I realize that it won't happen. I am an activist and go to places to make changes. Changes are necessary. It is necessary to write about it and also do something about it!
I for one intend to do whatever I can to support my contention with action and I hope those here will do the same.
Thank You
I perdict in a few short years scientist will find out that this Super Sonar isn't jusr killing Whales but also the fish that we need to feed most of the world.
By the way Why this super sonar anyway?
Is Iran sneaking subs in to throw mudballs at us?
Maybe Al Qaeda has 1000 Snorkelers trying to smeak in ?
Or are we still afraid of The Russians ? But I thoudht Bush said the russians are our buddies?
North Korea perhaps .
We all know why Bush is pushing this Sonar?
Because his rich frriends want hill to.
how is that Anti Missle system doing yet?
"Bush The Best President Money could buy and it did?
As far as The Whales dying ? That Means less Whales for the Japanese to harpoon
genaman
When oh when oh when is Bush going to be held accountable for repeatedly breaking the laws of our nation?
His duty as President is to faithfully execute the law, not decide what laws he will obey and what laws he will ignore.
The man needs to go to jail, plain and simple.
How can that idiot stick his nose everywhere with his unintelligent directives? We didn't elect a dictator. Impeach the sonavabitch. NOW!
That f***er!!
DOOM N GLOOM
the only one i can think of is lambs navy rum............
LIBERTAS FUGIT
just think how that money could have been spent in a 'peaceful' way...sad
Is there a darker spirit than Bush in the universe?
coco: Right, it is the same principle that has us spending billions on fighter planes that can whip aircraft that cannot be invented or built by anybody but us, or the "Star Wars" boondoggle to control space when there isn't any real threat.
We are the ones who have torn up the "Peaceful Uses of Space" Treaty, as we have torn up the treaties on human rights, treatment of prisoners, the Nuremberg Principles, etc,. ad nauseum.
Marine life apparently will continue to die in agony so our military can slam its collective swords on its collective shields, chanting Hail Caesar!
The only hope is that it took the Roman Empire about 500 years to collapse, The Soviet Union less than a century and the Third Reich only a few years. I think we are on the downhill slide, but God, how much life and beauty we are taking with us. To quote an old pundit, "We are like rats in a grain bin. What we can't eat, we piss in."
LIBERTAS FUGIT
so in that case, there is no need for these sonars: they should know where the bloody subs are.............n'est pas?
coco: It is probably the same country that brought us WMD's and mushroom clouds over America, 911, Iran nuclear threats, the Gulf of Tonkin and the Homegrown Terrorist Act.
Question: Is there anything living on this planet that Cheney/BushCo won't destroy? (except CEO's, right wing politicians and evangelists, of course)
anyone know to whom this new breed of more silent-running submarines belong?
Many species of whales feast in the Arctic and Antarctic oceans. They've been hungry lately, probably because of either global warming or overfishing.
Some whales are threatened with extinction.
If the Japanese don't get them, our sonar will. This is the War on Nature.
Dear soundasabell,
Thanks for your response to my facetious comment. I wish more of the Authentic Christians would speak up and let us hear from them. I know that the mass hysteria of fear and nationalism often trumps the voice of the heart, but it is time for us to make some new decisions with regard to the use of force and violence in response to fear. We are not separate from each other; we are all one family, including all sentient beings and the Mother Earth. Reading spiritual literature instead of religious fanaticism will shed a whole different light on what is occuring here. I encourage everyone to seek out your own answers within. Look in another direction than what seems "obvious and logical" for answers. You will be surprised at what you find. Or maybe you have done that already. I do not want to assume anything or categorize any of my Brothers and Sisters here. We are in a time of great Transformation, and it takes courage and discipline to see beyond the immediate reaction to fear.
peace,
st john