I don't have a problem with the principle behind the ruling. If it hurts the whales, let's not use the sonar when we don't have to.
What I do have a problem with is the idea of maverick federal judges who seem now to think they have the power to inhibit or control the operations of the U.S. Navy - or anyone and anything else - whenever it pleases them. Since when did Federal judges get so much power?
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 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.
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