I've heard news about two important courtroom battles.
First, a federal court has temporarily blocked the Shell oil company from drilling exploratory wells this summer off the coast of the Arctic National Wildlife Refuge.
Just last month people were rushing to court to stop the drilling before it could start -- and prevent any chance of an oil spill blanketing the shore of the Arctic Refuge and turning it into a long-term toxic waste site.
By putting Shell's operation on hold until the full case can be heard, the court has granted an eleventh-hour reprieve to polar bears and other wildlife, and shown its concern about the impacts of drilling. The full hearing next week is in federal court.
Now the second -- and equally dramatic -- victory: with the U.S. Navy about to train with dangerous, mid-frequency sonar during nearly a dozen upcoming exercises off the southern California coast, a federal judge has stepped in and blocked the use of the sonar!
The Navy needs to put common-sense measures in place to protect whales and other marine mammals from a lethal technology that has caused whale strandings and deaths around the world.
The court's injunction is "preliminary," which means that this fight is far from over. Nevertheless, it is a stunning setback for the Navy, and it supports our contention that whales should not have to die for military practice.
These twin victories are very important steps forward in our campaign to thwart the Bush administration's ongoing assault on America's wildlife and wild places.
I want to thank you, on my own behalf and on behalf of all the attorneys and staffers who are working so tirelessly on these cases.
What a great day for the environment!
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Hello,
My name is Petty Officer Shane Tuck, and I have some information on the Navy's perspective on this issue. The Navy issued the following release regarding the court decision:
Aug. 6, 2007
Court halts Navy’s ability to train realistically off Southern California
SAN DIEGO, Calif. – Navy officials say they are deeply concerned by today’s federal court ruling that prohibits the Navy from training realistically before deploying Sailors and Marines potentially into harm’s way.
A U.S. district judge in Los Angeles granted a preliminary injunction -- requested by the Natural Resources Defense Council and other environmental and animal protection groups -- that bars the Navy from using active sonar during critical joint task force training exercises and composite training unit exercises through 2009 in the ocean off Southern California.
“We are disappointed in the court’s decision and plan to appeal the imposition of an injunction,” said Mr. Don Schregardus, deputy assistant secretary of the Navy for the environment. “The decision puts Sailors and Marines at risk by ordering the Navy to stop critical anti-submarine warfare training while we complete Environmental Impact Statements on our training ranges.”
Vice Adm. Samuel Locklear, the San Diego-based commander of the U.S. Third Fleet who oversees naval training in the Eastern Pacific, said, “To the extent this court decision prevents us from using active sonar, it potentially puts American lives and our national security at risk.”
The integrated sonar training exercises are essential for naval units to complete before they deploy to the Western Pacific and beyond, including support for combat operations in the Arabian Gulf.
The Navy has conducted similar exercises in the Southern California Operating Area for 70 years and has used similar active sonar technology for the past 40 years.
“In all those years, not a single stranding or injury of a marine mammal has been associated with the Navy’s use of MFA sonar in the Southern California Operating Area,” Locklear said.
The injunction is part of a lawsuit filed in March by the Natural Resources Defense Council and others against the Navy’s use of MFA sonar.
“Active sonar is integral to anti-submarine warfare, or ASW, which is the Pacific Fleet’s top war-fighting priority,” said Locklear. “ASW is also the single-most difficult warfare area to master and maintain proficiency.”
He added, “Today, dozens of countries – including North Korea and Iran – have extremely quiet diesel-electric submarines, and more than 180 of them operate in the Pacific, within reach of critical choke points and navigational sea-lanes. Active sonar is the best system we have to detect and track them.”
“The Navy takes our responsibility to the environment and marine life very seriously, as demonstrated by our implementation of science-based, effective mitigation measures approved by the National Marine Fisheries Service,” Locklear said. “We are responsible environmental stewards while our sonar operators receive the realistic training and experience at sea they need.”
To minimize the risk to marine life, the Navy takes a number of steps when operating at sea, such as posting additional lookouts specifically trained to detect marine mammals.
The Navy is a world leader in marine mammal research, dedicating more than $14 million last year alone. In addition to the significant sonar-related research, scientists and veterinarians working with the Navy’s marine mammal program have made important advances in the care, diagnosis and treatment of marine mammal diseases.
The Navy is preparing environmental impact statements for the Southern California Operating Area and other Navy range complexes where training and testing occur.
For more information, I recommend viewing http://www.whalesandsonar.navy.mil/
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