Judge: Bush Can’t Exempt Navy in Sonar

The Associated Press

President Bush cannot exempt the Navy from environmental laws banning sonar training that opponents argue harms whales, a federal judge ruled Monday.

Navy officials did not immediately respond to the ruling by U.S. District Judge Florence-Marie Cooper. Mark Matsunaga, spokesman for the Navy’s Pacific Fleet, headquartered in Hawaii, said officials needed time to review it before commenting.

The president signed a waiver Jan. 15 exempting the Navy and its anti-submarine warfare exercises from a preliminary injunction creating a 12 nautical-mile no-sonar zone off Southern California. The Navy’s attorneys argued in court last week that he was within his legal rights.

The Navy is not “exempted from compliance with the National Environmental Policy Act and this Court’s injunction,” Cooper wrote in her 36-page decision.

Environmentalists have fought the use of sonar in court, saying it harms whales and other marine mammals.

“It’s an excellent decision,” said Joel Reynolds, attorney for the National Resources Defense Council, which is spearheading the legal fight. “It reinstates the proper balance between national security and environmental protection.”

(Original Article)