Legal News

National security trumps conservation in first decision of Supreme Court term

By Richard Binder

The Supreme Court today lifted a ruling requiring the U.S. Navy to stop using sonar when within 1.25 miles of marine mammals and to reduce sonar power by 75 percent under specific surface ducting conditions, clearing the way for unimpeded Navy exercises off the coast of southern California.  Claiming that public interest "plainly outweighs" concerns lodged by the Natural Resources Defense Council and other conservation organizations, Chief Justice John Roberts also noted the absence of "a single documented sonar-related injury to any marine mammal." In her dissent, Justice Ginsburg offered to differ, agreeing with environmental groups that sonar did "substantial and irreparable harm to marine animals" and pointed out that the Navy's own environmental assessment predicted as much.  The Navy is expected to complete an environmental impact statement early in the new year.

Details here and here, with text of decision here.

Full post as published by Legal Pad | LA on November 12, 2008 (boomark / email).