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SCOTUS: National Security More Important Than Inconvenience to Whales

by: Bill Dupray   posted: 2008-11-12 16:54:00
Viewed 255 times. 0 Comments.

It seems that the animal rights morons were trying to get the Navy to stop using sonar during submarine training off the coast of California. It seems they think the sonar is too loud and hurts the sensitive whale ears. Chief Justice Roberts, writing for the Court, calls bullshit on that bullshit. Link to the opinion is here.

Decided: November 12, 2008 Opinion author: Roberts

Antisubmarine warfare is one of the Navy's highest priorities. The Navy's fleet faces a significant threat from modern diesel-electric submarines, which are extremely difficult to detect and track because they can operate almost silently.

The most effective tool for identifying submerged diesel-electric submarines is active sonar, which emits pulses of sound underwater and then receives the acoustic waves that echo off the target. Active sonar is a complex technology, and sonar operators must undergo extensive training to become proficient in its use.

This case concerns the Navy's use of "mid-frequency active" (MFA) sonar during integrated training exercises in the waters off southern California (SOCAL). In these exercises, ships, submarines, and aircraft train together as members of a "strike group." Due to the importance of antisubmarine warfare, a strike group may not be certified for deployment until it demonstrates proficiency in the use of active sonar to detect, track, and neutralize enemy submarines.

The SOCAL waters contain at least 37 species of marine mammals. The plaintiffs--groups and individuals devoted to the protection of marine mammals and ocean habitats--assert that MFA sonar causes serious injuries to these animals.

The Navy disputes that claim, noting that MFA sonar training in SOCAL waters has been conducted for 40 years without a single documented sonar-related injury to any marine mammal.

Plaintiffs sued the Navy, seeking declaratory and injunctive relief on the grounds that the training exercises violated the National Environmental Policy Act of 1969 (NEPA) and other federal laws; in particular, plaintiffs contend that the Navy should have prepared an environmental impact statement (EIS) before conducting the latest round of SOCAL exercises.

The bottom line.

Held: The preliminary injunction is vacated to the extent challenged by the Navy. The balance of equities and the public interest--which were barely addressed by the District Court--tip strongly in favor of the Navy. The Navy's need to conduct realistic training with active sonar to respond to the threat posed by enemy submarines plainly outweighs the interests advanced by the plaintiffs. . . .

Here, the record contains declarations from some of the Navy's most senior officers, all of whom underscored the threat posed by enemy submarines and the need for extensive sonar training to counter this threat. Those officers emphasized that realistic training cannot be accomplished under the two challenged restrictions imposed by the District Court--the 2,200-yard shutdown zone and the power-down requirement during surface ducting conditions. The use of MFA sonar under realistic conditions during training exercises is clearly of the utmost importance to the Navy and the Nation.

The Court does not question the importance of plaintiffs' ecological, scientific, and recreational interests, but it concludes that the balance of equities and consideration of the overall public interest tip strongly in favor of the Navy. The determination of where the public interest lies in this case does not strike the Court as a close question.

If I were interested in destroying America's ability to defend herself, I might just join one of these groups, file suit, and hope some liberal Justices would help me out. Sometimes that is all that stands between a safe America and a bullseye on our back.

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